Facing Felony Drunk Driving Charges in Austin?
Call Attorney Jackson F. Gorski at 512-960-4646 Immediately!
When a person is arrested for driving while intoxicated there are a number of factors that will determine the severity of the penalties the defendant will face if convicted. The lowest level DWI charges are misdemeanors with the most severe DWI charges being classified as felonies. Police will only charge a person with a felony DWI if certain characteristics exist.
Are you or a loved one facing felony DWI charges in Travis County? If so, don’t hesitate to call Attorney Jackson F. Gorski to review your case.
The Law Office of Jackson F. Gorski offers free case evaluations, superb legal representation, and affordable legal fees with flexible payment plans. To reach attorney Jack Gorski, call 512-960-4646.
Felony Drunk Driving Cases in Austin
How Felony Charges Apply to DWI Arrests
DWI laws in Texas gives the State the power to charge offenders with a number of different degrees of criminal classifications depending on how serious the DWI is. If it is the driver’s first offense, the suspect is usually charged with either a class A or Class B misdemeanor. The more DWI convictions a person receives, the worse the classification of their criminal offense when/if they get another DWI charge.
Habitual DWI Offenders
The most common way that defendants garner felony DWI charges is to be convicted of a DWI more than twice. The third time a person is arrested for a DWI charge their charge will be enhanced to a 3rd-degree felony.
If the person continues to be habitually arrested for drunk driving, then the seriousness of the charge can increase all the way up to a enhanced felony which could result in a life sentence if they’re convicted.
DWI With a Minor Present
Besides being convicted for more than three separate DWI incidences, there are three other ways a person can receive a felony DWI in Texas even if they have no prior convictions. In the state of Texas, a person can be charged with a felony DWI if they have a child that is under the age of 15 in the car with them while the DWI was taking place. A person can also be charged with a separate felony child endangerment charge in some situations.
DWI w/child passenger cases are prosecuted as State Jail Felony offenses. If convicted, the defendant will face a prison sentence ranging from 180 days to 2 years and a fine of up to $10,000.00.
A motorist will be charged with a felony DWI on their first conviction if their drunk driving incident involved a car accident that led to serious bodily harm. In this instance, the charge given to the suspect is called intoxication assault and is classified as a 3rd-degree felony.
A conviction for a 3rd Degree Felony in Texas will result in a prison sentence ranging from 2-to-10 years with a fine not to exceed $10,000.00.
If you were driving drunk and a person was killed as a result, the State of Texas will pursue 2nd Degree Felony charges. If convicted of intoxication manslaughter in Texas, the defendant will have to contend with prison for up to 20 years, and a fine of up to $10,000.00.
Suspended Drivers License
With any arrest for DWI the driver’s license of the defendant is automatically suspended via a process call ALR or Administrative License Revocation. Austin DWI Lawyer Jackson F. Gorski can help with this process as well, and fight to keep the state from suspending your drivers license or at least get the court to grant you a occupational license so you can get back-and-forth to work while your case makes its way through legal system.
Texas is known to have some of the most strict DWI laws in the nation and it is for a pretty good reason. According to statistics, in 2013 the state of Texas was ranked number one in the country for having the most deaths caused by DWI.
In 2014, the numbers dropped closer to 1,000 deaths per year as opposed to the 1,300 they had the previous year when they led the nation in DWI-related deaths.
This fact gives Texas the right to throw the book at the criminals when the DWI cases involve child passengers or serious bodily injury. According to Mothers Against Drunk Driving, “Every day about 800 people are injured in a drunk driving crash.” This means that “Every two minutes, a person is injured in a drunk driving crash.”
Potential Defenses And Your Rights
Each DWI case has it’s on details and represents a unique legal situation. Most DWI cases that lawyers beat involve showing flaws in the testing system or failure to operate by proper evidence storage guidelines. If we can prove you weren’t drunk or find other flaws in the prosecution’s case, you walk.
In the case of the DWI with bodily injury charges, a defense may be that the victim’s injuries may not have happened as a direct result of the DWI or that the person wasn’t injured at all. This is often the case with people who attempt to cause car accidents for the sake of pilfering insurance companies.
With the child endangerment charge, the prosecution would have to prove that the accused was driving intoxicated while someone was in the car and that the individual in the vehicle was under fifteen years of age at the time of the incident.
Regardless of the circumstances involved with your case, there’s a defense for that.
Facing Felony DWI Charges in Travis County, TX?
Contact Austin DWI Lawyer Jackson F. Gorski Today!
Austin DWI attorney Jackson F. Gorski is ready to help you navigate the dark waters of the legal system. DWI defense is a touchy matter, and can prove to be easy wins in some cases, while with others it’s best to work with prosecutors.
Not every case is winnable but most are. If you were arrested for drunk driving you’ll need a lawyer on your side to get the best possible chance to avoid the worst outcome. The Law Office of Jackson F. Gorski provides free case reviews and excellent legal representation.
Attorney Jackson F. Gorski’s office is located just north of the University of Texas at Austin at 3300 I-35 North on the 7th floor. To reach Attorney Jack Gorski, call 512-960-4646 or send us a confidential message via contact form.