Some criminal charges are clearly more severe than others. An individual accused of homicide faces more serious charges and penalties than someone accused of shoplifting. The severity of a charge can influence whether someone decides to defend against the allegations or plead guilty.
To many people, driving while intoxicated (DWI) offenses may seem relatively minor. Compared with violent offenses or even economic crimes, drunk driving may not seem like a very serious legal violation. Despite what people assume, state prosecutors may treat a DWI as a very serious offense.
The courts might also impose the harshest penalties possible given the charges the defendant faces. Some judges pride themselves on being particularly tough on crime. Although people generally expect a DWI to be a misdemeanor offense, sometimes the state can prosecute such cases as felony offenses.
When does a DWI become a felony?
There are typically three scenarios in which a DWI offense becomes a felony according to Texas state statutes. The first involves repeat offenses. An individual with two or more prior DWI convictions is likely to face a felony charge for a third or subsequent DWI offense. The state can impose significantly harsher penalties after multiple prior DWI convictions.
Other times, the presence of other people in the vehicle might lead to more serious charges. Prosecutors can pursue a felony DWI case related to child endangerment if there are passengers in the vehicle who are 14 years old or younger. A conviction could also impact future child custody matters.
Prosecutors can pursue specialized felony charges when someone causes a crash that injures another person or results in another person dying. Either of those scenarios could lead to more serious charges and possibly secondary economic consequences for the driver accused of impairment.
Prosecutors could bring intoxication assault or aggravated assault charges against the defendant depending on the circumstances. If someone dies, the charges the driver faces could include vehicular manslaughter, which carries between two and 20 years in prison.
Learning more about how Texas handles DWI charges can help people respond appropriately after an arrest. Felony DWI charges can lead to more serious penalties and a more serious criminal record than misdemeanor charges as well.