Drunk driving is a crime, and intoxicated motorists are vulnerable to prosecution if they get caught. Some people get arrested due to poor driving. Others are vulnerable because they cause collisions. Occasionally, police officers recognize signs of intoxication after pulling people over for unrelated reasons.
Regardless of how a person came to an officer’s attention, they are at risk of potentially life-altering criminal charges. A driving while intoxicated (DWI) conviction can cost an individual their driver’s license. They may be at risk of incarceration or probation. They are also likely to face a number of financial complications, including the obligation to pay court costs and fines.
Many people assume that they should face a misdemeanor after a DWI arrest. Does Texas typically treat drunk driving as a misdemeanor, or is it a felony offense?
Drunk driving is a wobbler offense
Many crimes are either a misdemeanor or a felony. Homicide is a felony offense, while less severe criminal incidents may lead to misdemeanor charges. In Texas, some offenses, including DWI offenses, are wobbler offenses.
They get this name from the fact that the details about the situation can lead to the state either treating the offenses as a felony or as a misdemeanor. The crime wobbles on the boundary between the two main classifications of criminal offenses. DWIs are often misdemeanors but can be prosecuted as felonies in special circumstances.
Prosecutors can bring felony DWI charges when people have two or more prior DWI convictions on their records. Aggravating factors can also justify a felony DWI charge. Prosecutors can treat a DWI as a felony when a driver had young children in their vehicle. If a drunk driver causes a crash that causes serious injury or death, that may also lead to felony charges.
Anyone accused of a DWI may want to defend themselves, but those at risk of a felony DWI charge might need to respond assertively to pending criminal charges. Even a second DWI charge could be indicative of enhanced risk for felony charges in the future.
Motorists who respond assertively and successfully can avoid the consequences of having a felony conviction on their permanent criminal record. Fighting DWI charges in informed ways can help people avoid penalties and a lifelong criminal record.