Houston Felony DWI Lawyer

Defending Your Rights and Future with a Skilled Houston Felony DWI Attorney

Facing a felony DWI charge in Houston requires a skilled attorney who can provide aggressive representation and develop a strategic defense tailored to your case. Our team of experienced legal professionals is dedicated to defending your rights and securing your future. 

The implications of a DWI charge in Texas are severe, with consequences that include hefty fines and potential driver’s license suspension. Felony DWI charges carry even more daunting penalties, such as extended prison time up to a decade. To protect your freedom and driving privileges, it’s crucial to have a seasoned Houston felony DWI lawyer advocating for you in court.

At Cory Roth Law Office, you gain a compassionate and trusted legal advisor to guide you through each phase of your criminal case. Call us today at 832-400-4133 to schedule a consultation to learn how we can defend you from serious felony charges in Texas.

When Does a DWI Become a Felony in Texas?

In most cases, a first or second DWI in Texas is considered a misdemeanor. But certain factors can raise this offense to the more serious level of a felony. The following are the types of felony DWIs you can get while driving in Texas:

• DWI with a child passenger
• Third or subsequent DWI
• Intoxication assault
• Intoxication manslaughter

If you were caught driving while impaired with a passenger under the age of 15, you will likely be charged with a state jail felony. Similarly, if you were convicted of DWI two or more times in the past, your third DWI charge will be a felony since you’re considered a habitual offender.

If you’re accused of harming or killing someone while driving drunk, your felony DWI charge and the penalties that come with it will be extremely serious. For example, if you caused a car accident that resulted in serious bodily injury to someone, you’ll be charged with intoxication assault, a second-degree felony. If you caused a car accident that resulted in someone’s death, you will be charged with intoxication manslaughter, a first-degree felony.

Regardless of which degree of felony you’re facing, you need a lawyer to defend you from the most severe penalties associated with the crime. 

What Are the Penalties of a Felony DWI in Texas?

Most people charged with a felony DWI in Texas face at least two years in state prison unless their lawyer can get the case dismissed, charges reduced, or a not-guilty verdict. If you’re unsure if you should hire a lawyer to fight your charges or simply plead guilty, it’s best to get an idea of what penalties you could get if convicted.

The specific consequences of your felony DWI conviction vary depending on your charge. If you were accused of driving impaired with a minor passenger in your car, you could end up with six months to two years in jail. If you were arrested for your third or subsequent DWI, you could be fined up to $10,000 and spend two to ten years in state prison. If you were charged with intoxication assault or intoxication manslaughter in Texas, your prison time could range from two to ten years.

With any of these felony DWI offenses, you can also be fined up to $10,000 and your driver’s license could be suspended for up to two years. Additionally, you will likely have to complete an alcohol education program, install an ignition interlock device in your vehicle, and handle any other penalties the court determines to be suitable. Your Houston felony DWI lawyer will ensure you understand the possible penalties before creating a defense angle for your case.

What Are Some Defense Strategies for a Felony DWI?

If you’re considering fighting your charges, you should contact an experienced felony DWI lawyer to carefully review your situation. Once they understand what led to your charge, they can work on strategic ways to fight it. This will depend on the specific circumstances of your Texas DWI case.

For example, if the evidence against you is mainly that you failed the field sobriety tests, your lawyer will work on proving to the court that these tests are often inaccurate and cannot be relied upon to prove that you were impaired. If you took a breath or blood test that suggested you were intoxicated while driving, your lawyer will look for clues that the device used for the test was not calibrated or that your blood sample was improperly stored, leading to inaccurate results.

If you were accused of driving while impaired with a passenger under age 15, but your passenger was actually 15 or older, your lawyer will argue this point in court. In addition, if the alleged victim of the accident you caused suffered minor injuries, not serious bodily injuries, your lawyer might use this evidence to fight an intoxication assault charge. 

What Should You Do Immediately After a Felony DWI Arrest?

Being arrested for a felony DWI can be overwhelming, but taking the right steps immediately can greatly influence the outcome of your case. The moments following your arrest are crucial; therefore, it’s important to handle them with care to protect your rights and future.

1. Remain Calm and Compliant: During the arrest, it’s essential to stay composed and cooperative. Resisting arrest or behaving aggressively can lead to additional charges and negatively affect your case.
2. Avoid Self-Incrimination: Do not discuss the incident with the police beyond providing your basic identification information. Politely decline to answer further questions without an attorney present, as anything you say can be used against you in court.
3. Contact a Houston DWI Lawyer: As soon as possible, reach out to a qualified Houston felony DWI attorney. Legal representation is key, and starting the process early can help safeguard your rights and begin the development of your defense strategy.
4. Document the Incident: If possible, write down everything you remember about the arrest and the events leading up to it, including the time, location, and any interactions with law enforcement. This information can be crucial for your defense.
5. Request a License Hearing: If your driver’s license is confiscated, you typically have a short window to request an Administrative License Revocation (ALR) hearing to challenge your license suspension. Your Houston DWI attorney can handle this request and represent you at the hearing.
6. Arrange for Bail: If you are taken into custody, arranging for bail will be a priority. Your attorney can assist with this process and may be able to expedite your release.
7. Follow Legal Advice: After hiring an attorney, follow their advice closely and attend all scheduled legal appointments. Your attorney will guide you through the complexities of DWI law and help prepare you for what to expect moving forward.

The experienced attorneys at the Cory Roth Law Office understand the serious nature of felony DWI charges in Texas and are prepared to offer the aggressive representation and personalized legal guidance you need during this challenging time. 

How Does a Felony DWI Affect Your Driving Privileges?

A felony DWI conviction can have a significant impact on your driving privileges. In Texas, a felony DWI can result in the suspension or revocation of your driver’s license for an extended period. This can make it challenging to commute to work, attend appointments, or fulfill personal responsibilities. Additionally, once your driving privileges are reinstated, you may be required to install an ignition interlock device in your vehicle, which requires you to pass a breathalyzer test before starting your car. Understanding the impact on your driving privileges is essential, and a knowledgeable attorney can help you navigate the process of license reinstatement and compliance with any court-ordered requirements.

What Are the Long-Term Consequences of a Felony DWI Conviction?

A felony DWI conviction carries with it serious long-term consequences that go far beyond the initial fines and imprisonment. Being convicted of a felony has a lasting impact on various aspects of your life, and it’s crucial to understand these potential outcomes to fully grasp the importance of effective legal defense.

1. Permanent Criminal Record: A felony conviction will remain on your criminal record permanently. This can severely hinder your ability to clear background checks for employment, housing, and other important applications.
2. Difficulty Obtaining Loans or Mortgages: Lenders often view individuals with criminal records as higher-risk borrowers. This can result in denied loan applications or higher interest rates, complicating your financial stability.
3. Loss of Civil Rights: A felony DWI can lead to the loss of several fundamental civil rights, including:
   • The Right to Vote: Felony convictions can disenfranchise an individual, depending on state laws.
   • Jury Service: Convicted felons are generally disqualified from serving on juries.
   • Firearm Possession: Felony convictions typically prevent individuals from legally possessing firearms.
4. Impact on Professional Licenses and Careers: Many professional licenses can be denied or revoked if you have a felony conviction. Careers in law enforcement, education, healthcare, and other fields that require licensing may no longer be viable options.
5. Increased Insurance Rates: A felony DWI can lead to significantly higher auto insurance premiums, as insurers will view you as a high-risk driver.
6. Travel Restrictions: Some countries deny entry to individuals with criminal records, which can limit your travel opportunities.
7. Social Stigma and Personal Relationships: The stigma associated with a felony conviction can strain personal relationships and social interactions, impacting your mental and emotional well-being.

Understanding these long-term consequences underscores the critical need for skilled legal representation. 

How Can You Rebuild Your Life After a Felony DWI Conviction?

Rebuilding your life after a felony DWI conviction can be challenging, but it is possible with determination and support. Start by fulfilling any court-ordered requirements, such as completing a rehabilitation program or community service. Focus on making positive changes in your life, such as seeking employment, pursuing education, or engaging in volunteer work. Surround yourself with supportive friends and family who can help you stay motivated and accountable. Additionally, consider seeking counseling or support groups to address any underlying issues related to substance abuse. By taking proactive steps and maintaining a positive outlook, you can work towards rebuilding your life and moving forward after a felony DWI conviction.

What Are the DWI Laws in Texas?

In Texas, Driving While Intoxicated (DWI) laws are strictly enforced to prevent accidents and injuries on the road. The legal limit for blood alcohol concentration (BAC) in Texas is 0.08% for drivers aged 21 and over, and any detectable amount of alcohol for drivers under 21. Texas employs a zero-tolerance policy for underage drinking and driving. Moreover, Texas categorizes DWIs as either misdemeanors or felonies based on factors such as the offender’s BAC level, the presence of a minor in the vehicle, and the driver’s DWI history.

The DWI Court Process in Texas

The DWI court process in Texas begins with an arrest, followed by an arraignment where charges are formally presented and defendants enter a plea. Throughout this process, having a Houston DWI lawyer by your side is invaluable. These experienced attorneys are well-versed in Texas DWI laws, including nuances specific to Harris County and other Texas counties. They can effectively navigate the criminal justice system, from pre-trial motions that address procedural issues to plea negotiations aimed at securing a more favorable outcome.

In the event of a trial, your DWI defense lawyer is crucial. They will scrutinize the evidence, cross-examine witnesses, and challenge the prosecution’s case, aiming to achieve not guilty verdicts or dismissal of charges. Their deep understanding of criminal law, combined with specific training—such as that provided by the DUI Defense Lawyers Association or ACS CHAL Lawyer-Scientist designation—equips them to question the validity of breath tests and other evidence presented by the prosecution.

Houston DWI attorneys are also adept at handling administrative license revocation (ALR) hearings, which are critical for protecting your driving privileges post-arrest. Given the harsh penalties associated with felony DWI convictions, such as significant jail time and hefty fines, the guidance of a seasoned DWI specialist is indispensable. If you find yourself facing intoxication manslaughter charges or other serious offenses, a Houston DWI lawyer can provide an aggressive defense strategy informed by their extensive experience as former prosecutors or criminal defense lawyers.

To discuss your case with a Houston DWI lawyer today, don’t hesitate to reach out for a free consultation. Their advice could be pivotal in navigating the complexities of DWI laws in Texas and achieving the best possible outcome in your case.

Rehabilitation and Recovery Programs for DWI Offenders

Texas courts often consider rehabilitation programs as alternatives to incarceration, especially for first-time offenders. These programs may include alcohol education classes, substance abuse evaluation and treatment, and community service. Participation in such programs can demonstrate the offender’s commitment to positive change, potentially leading to reduced penalties. Successfully completing court-ordered programs might also aid in the restoration of driving privileges and contribute to a more favorable long-term recovery from alcohol dependency.

What is the Impact of a DWI on Professional Licenses and Certifications?

A DWI conviction in Texas can have significant implications for professionals who hold licenses or certifications. Healthcare providers, educators, commercial drivers, and others may face reviews by licensing boards which could result in suspension or revocation of their professional licenses. It’s crucial for such individuals to seek legal representation to address these concerns proactively, possibly safeguarding their professional status and future career opportunities.

Dealing with Insurance Post-DWI

Following a DWI conviction, individuals often face higher car insurance premiums. Insurance companies may categorize them as high-risk drivers, which can dramatically increase costs. Some insurers might even choose to terminate coverage. Legal counsel can provide advice on negotiating with insurance providers, exploring options for more affordable coverage, and understanding the full extent of insurance implications following a DWI. Additionally, lawyers can assist with the necessary steps to regain full insurance privileges and minimize the financial impact of a DWI conviction.

How Can You Prepare for a Felony DWI Court Appearance?

Preparing for a felony DWI court appearance involves several important steps. First, it’s crucial to work closely with your attorney to understand the charges against you and the potential outcomes of your case. Your attorney can help you gather any necessary documentation, such as character references or evidence of participation in a rehabilitation program, to present to the court. Additionally, it’s important to dress appropriately and arrive on time for your court appearance, as this demonstrates respect for the legal process. Your attorney will guide you on how to address the court and respond to any questions, ensuring that you present yourself in the best possible light.

What Are the Costs Associated with a Felony DWI Defense?

The costs associated with a felony DWI defense can vary depending on several factors, including the complexity of the case and the attorney’s experience and reputation. Legal fees are a primary consideration, and it’s important to discuss these fees upfront with your attorney to understand what is included and any potential additional costs. Other expenses may include court fees, costs for witnesses or investigators, and fees for any required programs or treatments. While the costs of a felony DWI defense can be significant, investing in a skilled attorney can greatly increase your chances of a favorable outcome, potentially saving you from more severe financial and personal consequences in the long run.

What Role Does Evidence Play in a Felony DWI Case?

Evidence plays a critical role in a felony DWI case, as it forms the basis of the prosecution’s case against you. Common types of evidence in DWI cases include the results of field sobriety tests, breathalyzer or blood test results, police reports, and witness statements. An experienced felony DWI attorney will carefully review all evidence to identify any weaknesses or inconsistencies that can be used to challenge the prosecution’s case. For example, if there are questions about the accuracy of a breathalyzer test or if the arresting officer failed to follow proper procedures, your attorney can use these issues to cast doubt on the validity of the evidence and strengthen your defense.

What Are the Alternatives to Incarceration for Felony DWI Offenders?

In some cases, alternatives to incarceration may be available for felony DWI offenders, particularly for first-time offenders or those with mitigating circumstances. These alternatives can include probation, house arrest, community service, or participation in a substance abuse treatment program. The goal of these alternatives is to provide rehabilitation and reduce the likelihood of reoffending, while still holding the offender accountable for their actions. An experienced Houston felony DWI attorney can advocate for these alternatives on your behalf, presenting evidence of your commitment to rehabilitation and demonstrating that you are a suitable candidate for non-incarceration options.

Can You Expunge a Felony DWI Conviction in Texas?

In Texas, expungement, or the process of removing a criminal record, is generally not available for felony DWI convictions. However, there may be other legal avenues to explore, such as seeking a pardon or applying for an order of nondisclosure, which can seal your criminal record from public view under certain circumstances. It’s important to consult with a knowledgeable Houston felony DWI attorney to explore your options and determine the best course of action for your specific situation. The legal team at the Cory Roth Law Office can provide guidance on the potential for expungement or record sealing and help you navigate the complexities of the legal system.

How Can a Houston Felony DWI Attorney Help You?

Selecting the right Houston felony DWI attorney is crucial for effectively managing your case and potentially reducing the severity of the charges against you. A skilled attorney will thoroughly investigate the circumstances surrounding your arrest, closely scrutinize the evidence, and identify any procedural errors or violations of your rights. This might include challenging the administration of sobriety tests or questioning whether law enforcement followed proper protocols during your arrest.

Experienced attorneys understand the intricacies of Texas DWI laws and are familiar with the local court systems, which is essential for negotiating with prosecutors to seek reduced charges or alternative sentencing options, such as probation or participation in a rehabilitation program. These strategies can help minimize the long-term impact of a felony DWI conviction.

When choosing a felony DWI attorney in Houston, consider their track record of success and their commitment to providing personalized attention. Look for someone who is dedicated to building a strong defense tailored to your specific situation. 

Are You Ready to Call the Cory Roth Law Office?

If you’ve been charged with a felony in Texas, don’t try to handle your case alone. You deserve answers from a skilled Houston felony DWI lawyer who has won cases for numerous Texas drivers. At our law firm, we know how scary it is to think about spending up to ten years in prison for a mistake behind the wheel, especially if the accusation against you is inaccurate. That’s why we want you to know we’re here to help from start to finish.

If you’re unsure what the DWI charges against you mean or whether you have a chance of avoiding conviction in the Texas court system, we encourage you to call us for some peace of mind. Our goal is to attain the best possible outcome on your case, and we’re eager to get started, so contact the Cory Roth Law Office today at 832-400-4133.