A person can go from a misdemeanor DWI to a felony DWI after two prior DWI convictions. When DWI charges are elevated to a felony offense. A person can face harsh consequences of up to 20 years in prison depending on the charge. An experienced Lubbock DUI lawyer can speak more about DWI charges and felony offenses.
Intoxicated Assault
There are two other real offenses to look at in the state of Texas in Lubbock County that are often filed as felony DWIs: intoxicated assault and intoxicated manslaughter. Intoxicated assault refers to a situation in which someone hurts someone else because of a DWI, and they suffer serious bodily injury. There is a DWI with accident, a DWI with car wreck, and in that car wreck, someone other than a person accused of the DWI receives an injury that is a serious bodily injury.
It can be a third degree felony in most cases. Which means the punishment range is two to 10 years in prison. Under certain circumstances, the felony can be enhanced to the second degree, which includes people getting hurt. There is also a special provision, for example, for first responders, police officers, fireman, and other certain individuals if they are hurt. It is a second degree if a certain category of individuals is hurt.
If the person has any prior felony convictions, the sentence also could be enhanced to a higher degree of punishment depending on if those felony convictions resulted in prison time. Every case has to be evaluated individually. It is important to contact a Lubbock felony DWI lawyer in this situation.
Intoxicated Manslaughter
Intoxicated manslaughter occurs when a person is driving while intoxicated and someone is killed because of the DWI. That is a second-degree felony case with a range of two to 20 years in the Texas Department of Correction and a fine of up to $10,000.00. On both the aggravated assault and the intoxicated manslaughter, it is also important to know that most of the time those cases are charged with a deadly weapon. There is a statute that deals with deadly weapons in Texas. Most of the time, if someone is hurt because of a DWI, the car is considered a deadly weapon. That is important if a person is convicted for two reasons.
Number one, if a person is convicted of an offense with a deadly weapon. By law a judge cannot give probation. It also means that if a jury or a judge sends somebody to prison, under the deadly weapon finding, that person would have to do at least one half of their time flat before they would be eligible for parole.
If a person received a 20-year sentence, they would have to do a minimum of 10 years. And good time does not count on that sentence.
Hiring a Lubbock Felony DWI Lawyer
There are many complications that can go into a Lubbock felony DWI. Getting the right lawyer can make or break a person’s life. Especially given the dire consequences of intoxicated assault, intoxicated manslaughter. Or other elevated charges that can occur with a DWI. Ensure your protection and future by calling a Lubbock DUI lawyer for a situation involving a Lubbock felony DWI.