Katy Felony DWI Lawyer

Katy Felony DWI Attorney

Driving while intoxicated (DWI) or driving under the influence (DUI) is a serious offense in Texas. If you are pulled over for a DWI, you should promptly contact a Katy, TX felony DWI lawyer. Since you could spend time in jail or pay hefty fines, it is more beneficial to contact a lawyer than risk representing yourself.

In 2022, there were 17 alcohol-related crashes in Katy, Texas, according to the Texas Department of Transportation. DWI crashes in Texas often result in felony charges. A skilled Katy criminal defense lawyer may be equipped to aggressively fight your DWI felony case with precision and personalized attention.

What Is a DWI in Texas?

In Texas, a DWI is a crime defined as driving while intoxicated or under the influence of alcohol, drugs, or a combination of both. Some prescription medications may also impair your ability to operate a vehicle, especially if combined with alcohol. An officer determines your impairment by conducting a field sobriety test, which assesses your motor functions, coordination, and balance.

Ultimately, impairment is determined by your blood alcohol level (BAC) by a chemical test. If you are at least 21 years old and your BAC is 0.08 or above, you are considered driving impaired and may be charged with a DUI. If you are a minor or under 18, you are considered driving impaired for any amount of alcohol. DUI laws also apply to flying and boating.

Texas DWI Laws

The most important test used to determine your level of impairment is the BAC test. However, if you refuse the test, you may receive an Administrative License Revocation (ALR), which results in automatic license suspension. Other penalties include jail time and fines, which vary depending on whether it was your first or subsequent offense. Below is the penalty schedule for DUIs in Texas according to Texas Statute 49.01:

• First offense: You have to serve three mandatory days in jail and could spend up to 180 days total and pay up to $2,000 in fines.
• Second offense: You may have to serve anywhere from a month up to an entire year in jail and pay up to $4,000 in fines.
• Third or subsequent offense: You could spend anywhere from two to ten years in prison and pay up to $10,000 in fines.

In addition to paying fines and serving jail time, you may also have your license suspended for up to a year if it is your first DUI and up to two years for subsequent charges.

Felony DWI in Texas

A felony DWI is the most serious DWI offense and can involve certain aggravating factors. Felony DWIs can be in the first, second, or third degree, depending on the severity of the offense. First-degree DWI felonies are the most serious offenses, while a third-degree DWI is the least serious. Here are examples of felony DWIs with their related penalties:

• Driving while intoxicated with a minor: A DWI while driving with someone under 15 is considered child endangerment and is a third-degree felony.
• Intoxication assault: Intoxicated assault is a third-degree felony and involves a person causing serious bodily injury to another due to operating a motor vehicle while intoxicated. If the person causes a traumatic brain injury, it is a second-degree felony.
• Intoxication manslaughter: Intoxication manslaughter is when a person accidentally kills another person while operating any motor vehicle, including boats, airplanes, or even amusement rides, while intoxicated.
• Previous convictions: If a person has previous DWI convictions, the charge may increase to a third-degree felony. However, if a peace officer endures serious bodily injury because of the DWI, it is a second-degree felony.

How a Lawyer Can Help

In 2022, there were 91 DWI charges and six convictions from the Katy Police Department. In Katy, this shows that it is possible to have your case dismissed or not be convicted if you are charged with a DWI. Because DWI convictions result in serious penalties, you want to avoid them. A DWI lawyer can help by building a strong defense for your case and may negotiate your charges, reduce your sentencing, or get your case expunged.

FAQs

Q: How Much Does a DWI Lawyer Cost in Texas?

A: The cost of a DWI lawyer in Texas varies based on several factors. One of the most important factors considered in determining costs is the complexity of the case. Felony DWI cases tend to be more complex than misdemeanor DWIs since there may be aggravating factors. This could increase legal fees as more complex cases may require more billable hours.

Q: How Long Does a Felony DWI Stay on Your Record in Texas?

A: A felony DWI stays on your record permanently in Texas unless your lawyer is able to get your case dismissed. Once you are convicted of a DWI in Texas, it is difficult to get it expunged from your record. Lawyers often try to get the case acquitted or dismissed instead. However, you may be able to get your record sealed in some cases.

Q: How Do You Get a Felony DWI in Texas?

A: You can get a felony DWI in Texas in several ways. A felony DWI is the most serious DWI conviction and includes someone getting injured in a DWI crash, someone getting killed, a minor being in the car, or prior DWI convictions. For example, if it is your third DWI offense, the charge is often automatically upgraded to a felony.

Q: How Do I Beat a DWI Charge in Texas?

A: You can beat a DWI charge in Texas if you have a strong defense. One common defense is a faulty chemical test or an unlawful field sobriety test. Other times, you may get your charges dismissed if it is a minor DWI offense and your lawyer is skilled, capable, and aggressive in handling your case.

Contact a Skilled DWI Lawyer Today

If you are facing DWI charges, you should not attempt to represent yourself, as one mistake could be the difference between your freedom and spending years in jail. Everyone makes mistakes, and at Segura and Kiatta, we believe that each client deserves to have their rights protected. If you are facing DWI charges in Katy, Texas, contact our firm today for a consultation.