IS DWI A FELONY? (3RD DWI)
Arrested for a DWI Felony Repetition or 3rd DWI charge? Is my DWI arrest a felony charge? We offer answers and an experienced Fort Worth DWI Attorney and former Tarrant & Dallas County prosecutor who can provide the best defense in fighting your Felony DWI charge.
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TEXAS PENAL CODE | FELONY DWI
If law enforcement arrested you for DWI and you have two previous convictions for DWI, then you are likely facing a 3rd Degree felony DWI, that has a range of punishment from 2 to 10 years in prison and up to a $10,000 fine. Here is the primary Texas Penal Code sections detailing what you are facing.
49.04 | TEXAS PENAL CODE | DRIVING WHILE INTOXICATED
(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
49.09 | TEXAS PENAL CODE | DRIVING WHILE INTOXICATED FELONY REPETITION
(b) An offense under Section 49.04, 49.05, 49.06, or 49.065 is a felony of the third degree if it is shown on the trial of the offense that the person has previously been convicted:
(1) one time of an offense under Section 49.08 or an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense under Section 49.08; or
(2) two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.
Contact a DWI Attorney Today
In order to learn more about DWI felony convictions, contact a DWI attorney as soon as possible. We have offices throughout Tarrant County in Fort Worth, Grapevine, and Southlake, Texas. Call us at 817-334-7900 to speak to an experience Felony DWI attorney.