3 Ways a DUI becomes a Felony in Texas


3 Ways a DUI becomes a Felony in Texas

There are two broad classifications of criminal offenses: felonies and misdemeanors. Felonies tend to involve more serious crimes, and they come with harsher punishments, including jail time and more expensive fines.

Driving and Drinking

Unfortunately, honest people make mistakes. Many defendants in these cases simply assumed their blood alcohol content was below the legal limit of .08. A felony DUI can come with life-changing consequences, and if you face such a charge in Texas, then Dallas DUI attorney John L. Corn may be able to help.

John L. Corn, Attorney at Law can evaluate your charges and help you navigate the legal system. He can develop your defense and help you avoid key mistakes that may compromise your interests.

If you are facing DUI charges, call our office today at 214-528-4529 to schedule a consultation. In the meantime, read on to learn three situations that can lead to felony DUI charges in Texas.

  1. DWI with a Child Passenger

According to the Texas Department of Transportation, if police arrest you for driving drunk with a child younger than 15 years old, you may face child endangerment charges. If a judge convicts you of DWI with a child passenger, you will likely face harsh penalties. There is a minimum prison sentence of 180 days, up to a maximum of two years. The judge may also issue a fine of up to $10,000.

  1. Accident Causes Serious Bodily Injury

If you accidently kill or seriously injure someone else while driving under the influence, then you may face a felony DUI charge. According to the Department of Highway Sfety and Motor Vehicles, these offenses classify as third-degree felonies.

If convicted, a judge may sentence you to between two and 10 years in prison. He or she may also issue you with a fine of up to $10,000.

Community service is another common consequence to these offenses. According to Texas law, the judge cannot sentence you to more than 600 hours of community service, but there is a mandatory minimum community service sentence of 160 hours.

  1. Repeat Offender

Repeat DUI offenders will also face felony charges. According to Texas law, your first and second convictions are Class A and Class B misdemeanors, respectively. The state will consider your third DUI offense to be a third-degree felony.

Depending on the circumstances surrounding your arrest, there may be several potential defenses against your charges. For example, the police may not have had probable cause to pull you over. In some cases, the breathalyzer that recorded the driver’s BAC was incorrectly calibrated and, therefore, its results are inadmissible in court.

DUI is a growing concern for law enforcement in Texas, and as such, even a first DUI conviction can carry harsh consequences. If you are facing DWI charges in Texas, contact John L. Corn, Attorney at Law for advice. Mr. Corn is a Dallas DWI lawyer with a win rate of approximately 80 percent. To schedule a consultation, call us today at 214-528-4529.


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  • John is the epitome of under promise and OVER deliver… I called Mr. Corn on a Sunday night after my arrest and Mr. Corn spent 45 minutes to an hour with me on the phone without asking for a dime. He was not pushy asking for my business and just told me to give him another call if I wanted him to represent me for my DWI. The result of my situation: DISMISSED. I would recommend Mr. Corn without question.

    ~ Mike P.

  • I found Mr. Corn through a friends recommendation. John has impressed us with his in-depth knowledge of the law and we are truly glad that we found him. Thank you Mr Corn for your professionalism and hard work.

    ~ Dawn D.