Driving under the influence (DUI) is one of the most serious traffic offenses a person can face. But is drunk driving a felony offense in Texas? The answer isn’t always straightforward. It depends on several factors, such as your prior DUI record, the circumstances of your arrest, and whether anyone was injured or killed.
When a DUI arrest in Houston has the potential to become a felony DUI charge, taking immediate action is crucial. Speaking with our Houston DUI/DWI lawyer can help you understand your legal options, protect your driver’s license, and build a strong defense against serious penalties.
Misdemeanor vs. Felony DUI
Under Texas Penal Code §49.04, most first-time DUI or DWI arrests are classified as misdemeanors. A misdemeanor DUI can result in fines, license suspension, community service, or short-term jail time. The penalties are serious but generally limited.
However, a felony DUI carries far greater consequences. A conviction may mean years in prison, thousands of dollars in fines, and a permanent criminal record. In Texas, felony DUI offenses are outlined in §49.07 (Intoxication Assault), §49.08 (Intoxication Manslaughter), and §49.09 (Enhanced Offenses and Penalties). These sections describe when a DUI becomes a felony and the level of punishment involved.
When a DUI Turns Into a Felony
Not all DUI cases are treated the same. Certain factors can elevate a drunk driving charge from a misdemeanor to a felony. Here are the most common reasons this happens:
1. Multiple DUI Offenses
According to Texas Penal Code §49.09, repeat DUI offenses can be enhanced to felonies. If you have two or more prior convictions, another offense within ten years often becomes a felony.
2. Causing Injury or Death
When drunk driving results in serious injury or death, the charges escalate quickly. Cases involving serious bodily injury fall under §49.07 – Intoxication Assault, while fatalities fall under §49.08 – Intoxication Manslaughter. Both are felony offenses in Texas with severe prison terms.
3. Driving With a Child in the Car
Under Texas Penal Code §49.045, driving while intoxicated with a child under 15 in the vehicle is a state jail felony, even for first-time offenders.
4. High BAC or Reckless Driving
A very high blood alcohol concentration (BAC) or reckless actions such as speeding, running lights, or leaving the scene of an accident can make a DUI more serious. These factors signal to the court that the driver posed a greater risk to public safety.
5.Suspended License or Prior Felonies
If you’re caught driving under the influence while your license is suspended or you already have felony convictions, your DUI will likely be prosecuted as a felony under §49.09.
Penalties for a Felony DUI
A felony DUI can have a lasting impact on nearly every part of your life. A conviction may make it difficult to find employment, rent housing, or obtain professional licenses. Auto insurance rates often skyrocket, and many people face social stigma long after their case is resolved.
The penalties for a felony DUI vary, but they are always more severe than misdemeanor charges. Depending on the case and jurisdiction, you could face:
- State prison sentences last one year to several years.
- Hefty fines, sometimes exceeding $10,000.
- Lengthy license revocation (sometimes permanent for repeat offenders).
- Mandatory alcohol treatment programs or rehab.
- Vehicle forfeiture or installation of an ignition interlock device.
- Probation or parole supervision upon release.
- Loss of civil rights, such as voting or firearm ownership, in some states.
The Importance of Legal Representation
If you’re facing a DUI charge that could potentially be a felony, the decisions you make in the first few days after arrest are critical. Every case is different, and having a knowledgeable attorney can be the key difference between a felony conviction and a reduced charge.
The legal team provides a thorough review of each case, examining every detail to identify potential defenses such as:
- Improper traffic stop — Was the officer’s stop lawful?
- Faulty testing equipment — Were breath or blood tests properly administered and calibrated?
- Violation of rights — Were Miranda rights read? Was a warrant required for a blood draw?
- Lack of probable cause — Was there enough evidence to justify an arrest?
Can a Felony DUI Ever Be Reduced or Expunged?
In some cases, a skilled DUI defense attorney can negotiate to have a felony reduced to a misdemeanor, especially if no one was injured and your BAC was not excessively high. Reduction may depend on your criminal history, cooperation with authorities, and other mitigating factors.
Expungement, or sealing a felony record, is much harder. While a few states allow limited expungement of certain felonies after a waiting period, DUI felonies are usually exempt. That’s why preventing a felony conviction in the first place is so important.
Why Choose JLG Law Office for Your DUI Defense
At JLG Law Office, our experienced DUI defense team is committed to protecting your rights, freedom, and future. We take every case seriously, providing thorough evaluations, strategic defense planning, and aggressive representation to challenge evidence and reduce penalties. Whether it’s your first DUI or a potential felony charge, we work to achieve the best possible outcome under the law. While drunk driving isn’t always a felony, factors like prior offenses, injury, or a child in the vehicle can elevate the charge and carry severe consequences. If you’re facing a DUI in Houston or believe your case could be treated as a felony, contact our team today for a confidential consultation and strong legal defense.
