DUI charges in Texas are often tried as misdemeanors, but there are certain circumstances in which DUIs can be charged as felonies, which is why it’s essential to understand your rights and options.

Key Takeaways:

• A DUI in Texas can be charged as a felony if a person has multiple DUI offenses, drove with an underage passenger or a significantly high BAC, or caused serious injury or death.
  
  
• Penalties for felony DUI in Texas can potentially include jail time and significant fines, as well as community service and parole.
  
  
• Defenses for felony DUI in Texas might include arguing that BAC testing was faulty or that a medical condition contributed to symptoms of intoxication.

Facing a DUI charge is already a daunting experience, but when your case escalates to a felony DUI in Texas, the stakes become much higher. Felony DUIs carry serious consequences that can impact not only your freedom but also your future, from your job prospects to housing opportunities to your reputation among friends, family, and colleagues. 

At BRCK Criminal Defense Attorneys, we are dedicated to helping our clients understand their legal options and defend themselves against charges that threaten their rights. Our latest guide will walk you through everything you need to know about felony DUI in Texas, including how it differs from misdemeanor DUIs, the penalties involved, and what steps you can take to fight the charges. 

Read on to discover what you need to know about defending yourself against the highest level of DUI charges.

When Does a DUI Become a Felony in Texas?

A DUI in Texas can be upgraded to a felony under the following conditions:

1. Multiple DUI Offenses: If you have two or more prior DUI convictions, your third DUI offense will likely be charged as a felony, even if you didn't cause any injuries. Repeat offenders face much more severe penalties under Texas law.
   
   
2. DUI with a Child Passenger: If you are arrested for DUI with a child passenger under 15 years old in your car, you will be charged with a state jail felony. The penalties for this type of felony DUI in Texas include jail time ranging from 180 days to two years, along with fines and community service.
   
   
3. DUI with Serious Injury or Death: If your actions while driving under the influence result in the injury or death of another person, you can be charged with a felony DUI in Texas. This charge is considered an extremely serious offense and can lead to lengthy prison sentences, large fines, and significant civil liability.
   
   
4. High Blood Alcohol Content (BAC): If you are arrested with a BAC of 0.15 or higher, you may face more severe penalties, including the possibility of felony charges, especially if other factors are involved, like a prior DUI conviction.

When any of these circumstances are involved, your DUI charge may escalate from a misdemeanor to a felony. Unlike a misdemeanor DUI, which can result in fines and a limited jail sentence, a felony DUI in Texas carries much more severe consequences, including longer prison sentences, higher fines, and a permanent criminal record.

Penalties for Felony DUI in Texas

The penalties for a felony DUI in Texas can vary based on the specific circumstances of the case. However, here are the general penalties for felony DUI charges:

1. State Jail Felony: If you are convicted of DUI with a child passenger under 15, you could face a state jail felony. The penalties for this charge can include:
   
   • A prison sentence of 180 days to 2 years.
   • Fines up to $10,000.
   • Community service requirements.
   • Probation or parole, depending on your circumstances.
     
     
2. Third or Subsequent DUI Offenses: If you are charged with a third or subsequent DUI offense, you will likely be charged with a third-degree felony. The penalties for a third-degree felony DUI in Texas may include:
   
   • 2 to 10 years in prison.
   • Fines up to $10,000.
   • A permanent criminal record, which can affect your employment and reputation.
     
     
3. DUI Resulting in Serious Injury or Death: If you are charged with DUI involving serious injury or death, you may be facing second-degree felony charges, which carry the following penalties:
   
   • 2 to 20 years in prison.
   • Fines up to $10,000.
   • Restitution to the victim(s) for medical bills and other costs associated with the injury or death.

What Defenses Are Available for Felony DUI in Texas?

If you are facing felony DUI charges in Texas, it’s important to understand that you have the right to defend yourself. Your attorney may use one or more of the following defenses, depending on the circumstances of your case:

1. Improper Traffic Stop: If the police officer did not have a valid reason for stopping your vehicle, the DUI charge may be dismissed. Texas law requires that officers have probable cause to stop you. If the stop was unlawful, the evidence gathered during that stop may not be admissible in court.
   
   
2. Faulty BAC Testing: Breathalyzer tests and blood tests used to measure your BAC are not foolproof. If the testing equipment was not properly calibrated or maintained, the results may be inaccurate. Inaccurate testing can lead to a dismissal or reduction of charges.
   
   
3. Lack of Evidence: In some cases, there may not be enough evidence to support the felony DUI charge. If the prosecution cannot prove beyond a reasonable doubt that you were driving under the influence or that any aggravating factors were present, your case may be dismissed or reduced to a lesser charge.
   
   
4. Medical Conditions: Some medical conditions or medications can cause symptoms similar to intoxication, such as slurred speech or unsteady walking. If a medical condition contributed to your symptoms, it may be possible to argue that you were not under the influence of alcohol or drugs.
   
   
5. Coerced Confession: If you were forced or coerced into admitting guilt during questioning, your confession may not be admissible in court. A skilled criminal defense lawyer can challenge the use of any coerced statements.

How to Fight Felony DUI Charges in Texas

When you are charged with felony DUI in Texas, it’s critical to have an experienced attorney by your side. Your lawyer will carefully examine the details of your case, gather evidence, and develop a defense strategy that gives you the best chance of success. Some steps you can take include:

1. Consult an Experienced Criminal Defense Lawyer: Your first step should be to consult with an attorney who has experience handling DUI cases in Texas. A knowledgeable lawyer will understand the complexities of Texas DUI laws and can help you navigate the legal process.
   
   
2. Gather Evidence: Your attorney will work to gather evidence that supports your case, which may include obtaining witness statements, reviewing police reports, and challenging the validity of any evidence collected during your arrest.
   
   
3. Explore Plea Bargaining Options: In some cases, it may be possible to negotiate a plea deal with the prosecution. A skilled attorney can help you explore plea bargaining options that may result in reduced charges or penalties.
   
   
4. Fight for a Reduced Sentence: If you are convicted, your attorney may be able to argue for a reduced sentence, which could involve requesting probation instead of prison time or seeking a lesser charge based on mitigating circumstances.

Choose BRCK Criminal Defense Attorneys to Fight Your DUI Charges

At BRCK Criminal Defense Attorneys, we have extensive experience handling felony DUI cases in Texas. Our team is dedicated to providing aggressive and effective legal defense for clients facing serious criminal charges. We understand the stakes involved in a felony DUI in Texas, and we are committed to fighting for the best possible outcome in your case. If you’re facing felony DUI charges, reach out for a free, no-obligation case evaluation. 

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