People sometimes underestimate how serious a driving while intoxicated (DWI) offense might be. Some people believe that if they plead guilty to the offense, then the courts may extend lenient treatment to them. Others assume that a misdemeanor conviction is unlikely to have a major impact on their lives.
What many people fail to understand is that any criminal charge can carry major consequences. Even a first DWI offense can lead to jail time and costly fines. The courts can also suspend a driver’s license after a DWI conviction.
In some cases, those accused of a DWI in Texas might face felony charges. When can prosecutors pursue more serious DWI charges against a driver?
Aggravating factors lead to harsher charges and penalties
Texas state law classifies basic DWI offenses as misdemeanors. Without the presence of any aggravating factors, drivers usually face misdemeanor charges. However, that is only true the first few times they get arrested.
Motorists facing third or subsequent DWI charges are likely to face felony charges. The potential penalties increase with each conviction. Prosecutors can also bring harsher charges in cases where the choice to drive after drinking affects other people.
The state can pursue felony charges against motorists who injure others or cause a death due to drunk driving. Prosecutors can also bring felony charges against motorists who have children under the age of 15 in their vehicle at the time of the DWI arrest.
Those accused of a felony DWI offense may need help responding. Drivers who get the right support can limit the long-term consequences of a pending DWI charge.