Abilene Felony DUI Defense Attorneys

Fighting Severe Consequences of a Felony DWI

Being charged with a Texas DWI can be a frightening experience, as you are unsure what the future may hold. If your DWI has been upgraded to a felony, you could be facing a lengthy prison sentence, steep fines, and a mandatory installation of an ignition interlock device.

The most effective way to protect your freedom and avoid a permanent criminal record is to hire an attorney immediately. Only an experienced felony DUI attorney can help you navigate the legal complexities involved with DWI cases.

Barrett Legal PLLC is an Abilene, TX law firm dedicated to helping clients avoid a DWI conviction so they can resume their lives. If you or a loved one is facing life-changing DWI charges, contact our law office today to schedule a consultation to discuss your legal options.

When Does a DWI Become a Felony in Texas?

Texas DWI laws mandate that a driver may be charged with a felony if specific aggravating factors exist. A felony DWI charge can result in lasting personal and professional repercussions that can impact your life for years to come.

Although many DWIs are charged as misdemeanors, you will be charged with a felony for a third or subsequent offense. Other situations that could result in felony DWI charges include:

Intoxication Assault: Criminal charges stemming from a DWI crash that resulted in serious bodily injury.
Intoxication Manslaughter: A second-degree felony charge stemming from a DWI-related death.
DWI with a Child Passenger: Driving under the influence with a child under 15 present elevates the offense to a state jail felony.

If you have been charged with a felony DWI, you must hire an experienced criminal defense lawyer who understands the legal nuances involved with Texas DWI laws and what it takes to get results.

What are the Penalties for a Felony DWI Conviction?

Texas criminal law imposes severe penalties for individuals convicted of a felony DWI. Potential criminal consequences include:

Third or Subsequent DWI: Classified as a third-degree felony, punishable by two to ten years in state prison and a maximum $10,000 fine.
Intoxication Assault: A third-degree felony punishable by two to 10 years in prison and a fine of up to $10,000.
Intoxication Manslaughter: A second-degree felony punishable by two to 20 years and a fine of up to $10,000.
DWI with Child Passenger Under 15: A state jail felony punishable by 180 days to two years of jail time and a fine of up to $10,000.

Can I Get Probation for Felony DWI Charges?

Clients often want to know if probation is possible when facing felony DWI charges. Although a felony DWI conviction can result in severe consequences such as prison or jail time, Texas judges do have discretion to grant probation.

Even so, you must meet specific eligibility requirements to be considered for probation, such as not having any prior offenses. Additionally, the case must not involve a child passenger being in the vehicle or victims being injured or killed.

Requirements will include installing an ignition interlock device (IID) on all vehicles you operate, submitting to random alcohol testing, and participating in alcohol and drug assessment and treatment programs.

Depending on the circumstances, the judge may also order you to serve a mandatory jail term of 120 to 180 days.

Deferred adjudication is another option that may be available due to recent changes in Texas law. Under the law, a felony DWI may be eligible for deferred adjudication if an individual completes probation, but this option is not available for repeat offenders.

What are the Legal Benefits of Hiring an Abilene DWI Defense Attorney?

Texas DWI offenses, especially those charged as felonies, can have lasting implications that will make it challenging to achieve your goals. The most practical way to avoid the serious consequences of a felony conviction is to hire an Abilene DWI defense lawyer.

Some of the legal benefits of hiring a skilled lawyer include:

Protecting Your License at the ALR Hearing

Your attorney can request a hearing within 15 days of your DWI arrest to contest the automatic suspension of your driver’s license. The ALR hearing is also a reliable legal strategy that a DWI attorney uses to get a preview of the state’s evidence.

Challenging Evidence

A skilled Abilene felony DWI lawyer will analyze the evidence against you for procedural errors or violations of your rights. If, for example, the officer lacked probable cause for a stop, your attorney can move to exclude that evidence, challenging the strength of the state’s case. If proven, your lawyer can argue that any evidence acquired should be excluded, undermining the state’s case. Your lawyer can also scrutinize the validity of the field sobriety, breathalyzer, or blood tests.

Negotiate With Prosecutors

Depending on the circumstances of the case, your lawyer can negotiate a plea agreement to have your charges reduced or possibly dismissed entirely. Having your charges dismissed can help you avoid a permanent criminal conviction that can include the loss of employment opportunities, housing, and civil rights.

Minimize Penalties

If your DWI attorney cannot have the charges dismissed, they can still work with the prosecutor to try to minimize penalties and advocate that you receive probation and be allowed to participate in alcohol treatment programs.

An Abilene DWI attorney is also familiar with the legal complexities associated with felony DWI cases. Your attorney can assist you with navigating the legal process while building a defense strategy tailored to your case.

Contact Our Abilene, Texas DWI Lawyers Today to Get Started on Your Legal Defense

Barrett Legal PLLC is an Abilene, Texas law firm that is committed to helping you obtain a favorable outcome for your legal needs. Our felony DWI defense lawyers and legal team recognize that facing the possibility of a DWI conviction can be frightening. Still, we are prepared to fight aggressively to protect your rights and freedom.

Contact our law office today at 325-241-2868 to schedule an initial consultation to get started on your case.