If you have been charged with DWI in Texas, you should take those charges very seriously and seek the counsel of DWI lawyers who can skillfully defend you as the penalties associated with such charges can vary from minor to severe, depending on the incident.

Although many DWIs result in misdemeanor charges, some can be charged as felonies which bring higher penalties.

If you’ve been charged with DWI, it’s important to understand how you could be charged and seek the services of an experienced attorney to help prepare your drunk driving defense

When Is A DWI Considered A Misdemeanor?

Generally speaking, lawyers who handle DWI charges for their clients find that Texas DWIs are charged as a misdemeanor unless there are circumstances involved that would raise that offense to a more serious level.

On a more simplified basis, most 1st and 2nd time DWI's are charged as misdemeanors unless there are certain extenuating circumstances that would move it up to a felony.

It is important to realize that even though misdemeanor offenses may not carry the same penalties as felony offenses, they are still criminal charges and will appear on your permanent record.

Finding a skilled attorney who can present a convincing drunk driving defense is critical to avoid conviction if possible, as conviction even of a misdemeanor can negatively affect your life in many ways.

When Can A DWI Be Considered A Felony?

DWI charges can become more severe based on certain influential factors that would change a misdemeanor charge to a felony charge.

A third or more DWI is automatically considered a felony and bring harsher penalties into play if convicted of this offense.

You could also face felony charges even if it’s a first DWI offense in these circumstances:

  • There was a child under the age of 15 years in the car at the time.
  • Someone involved in the accident was injured seriously; this is considered as "intoxication assault."
  • A person involved in the accident was killed, which is considered "intoxication manslaughter."

DWI Charges in Texas

Driving while drinking is a serious offense in Texas and subject to a range of charges from a misdemeanor to a more severe felony charge.

The obvious way to avoid having to retain an attorney to handle a  drunk driving defense for you is to avoid getting behind the wheel when you’ve been drinking as there are so many other options now to get home safely.

In the event that you are stopped for DWI or an accident happens, immediately contact an attorney who is experienced at handling DWI charges to help you!

Garza & Elizondo, LLP

Downtown Brownsville
Principal Office
680 East St. Charles St, Suite 600
Brownsville TX 78520
(956) 202-0067

San Benito
Meetings With Attorneys By Appointment Only
2395 La Palma Street, Suite A
San Benito TX 78586
(956) 202-0067