There are many situations that may lead to driving while intoxicated (DWI) charges in Texas. Sometimes, police officers arrest people at the scene of a crash because they are clearly under the influence. Other times, officers pull people over for displaying impaired ability and then arrest them when testing seems to confirm their suspicions. In some cases, traffic stops begin for completely unrelated issues and lead to DWI arrests.
Most people facing DWI charges expect a relatively quick process and anticipate facing misdemeanor charges. They may decide against hiring a lawyer and may choose to plead guilty for the sake of expediency. Misdemeanor charges are common in DWI cases, especially if drivers do not have any prior record. However, prosecutors may be able to bring felony charges against certain people accused of impaired driving.
What aggravating factors may lead to felony DWI allegations?
Multiple prior offenses
The penalties for DWI offenses increase with each arrest. The severity of the charges may increase when people have multiple prior convictions on their record. Drivers facing a third or subsequent DWI offense are at risk of felony charges even if there are no other aggravating factors present in the situation.
Incidents that harm others
The state can pursue felony DWI charges in scenarios where the decisions of one person have negative repercussions for others. If the driver accused of intoxication at the wheel caused a crash, they could be at risk of enhanced charges or penalties. The state can pursue felony charges for injuring others or causing fatalities because of drunk driving.
Endangering young children
Other people don’t have to suffer injuries for the actions of an impaired motorist to be particularly dangerous. Prosecutors can also charge people who have underage passengers in their vehicles at the time of a DWI arrest. When there are children aged 14 or younger in the vehicle at the time of a DWI arrest, the state can pursue felony charges because the driver endangered those children.
Felony DWI offenses carry harsher penalties and also limit opportunities more because of the felony record they inspire. Responding assertively to DWI charges is crucial for any motorist, but especially those facing felony DWI allegations.