Not all charges stemming from driving under the influence impose the same penalties. While some DUIs are considered misdemeanors, certain factors or aggravating circumstances can result in felony charges.
Felony charges can lead to significant jail time and financial penalties. You should speak with a College Station felony DUI lawyer immediately if you are facing enhanced drunk driving charges. Call today to meet with our skilled DWI attorneys.
Repeat Offenses Can Lead to Felony Charges
Drunk driving can significantly increase the chances of a deadly accident. Tex. Pen. Code Ann. § 49.04 provides that a person is guilty of a DUI if their blood alcohol concentration is 0.08 percent or more.
While a first or second-time DUI offense is generally considered a misdemeanor crime, subsequent convictions can lead to felony charges.
However, Tex. Pen. Code Ann. § 49.09 provides that a third DUI conviction is considered a third-degree felony. While misdemeanors can impose maximum penalties of 30 days to a year in jail and a $4,000 fine, a third-degree felony increases the potential penalties to:
- Two to 10 years imprisonment; and
- A $10,000 penalty.
You can also lose your driving privileges for two years if you are found guilty of a DUI for a third time. A College Station attorney can advise you on whether your DUI is considered a felony.
Additionally, if you were found guilty of manslaughter or a similar charge from intoxicated driving in another state, a judge can increase the charges to a third-degree felony for a repeat drunk driving offense.
Underage DUIs Can Lead to Felony Charges
Drivers found guilty of underage drinking can also find themselves in need of a College Station lawyer to fight felony DUI charges. The state has a zero-tolerance policy for driving while intoxicated for individuals under the age of 21 regardless of the amount of alcohol in their system, according to Tex. Alco. Bev. Ann. Code § 106.041.
An underage DUI is normally a misdemeanor offense, considered a class B misdemeanor for a first offense and a class A misdemeanor for a second offense. However, a minor may get charged with a felony crime for subsequent offenses depending on their age.
If the underage driver is at least 17 years old, they can also get charged with a third-degree felony for a third-time DUI offense. These charges can impose the same penalties as adult drivers, which is:
- Two to 10 years imprisonment; and
- A $10,000 fine.
A seasoned criminal defense attorney could explain these charges in more detail during an initial consultation.
Penalties for Causing Bodily Harm or Endangering a Child
If you are in a drunk driving accident that leads to bodily injury or death, you should speak with a College Station attorney about the potentially enhanced felony charges. These crimes include:
A second-degree felony can increase the maximum penalties to:
- Two to 20 years imprisonment; and
- A $10,000 penalty.
If you have a child in the car under 15 years old when getting arrested for a DUI, you can also face felony charges, including:
State jail felonies can impose penalties of180 days to two years in jail and a fine of at least $10,000.
Hire a College Station DUI Attorney Today For Felony Charges
Felony charges can have an adverse impact on your future and leave you with a criminal record. This can have a negative effect in areas of your life such as your child custody rights, job prospects, future driving privileges, and housing opportunities.
You should speak to one of our professional and knowledgeable attorneys right away if you are in need of a College Station felony DUI lawyer. Our team can help formulate a plan to help you achieve success in the court and in life.
Lawyers in College Station and Waco representing cases across Texas
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