What determines whether a DUI will be classified as a misdemeanor or felony?

Asked almost 3 years ago - El Paso, TX

Can previous offenses not related to drunk driving lead to a felony DUI case?

Attorney answers (2)

  1. Gene Raymond Beaty

    Contributor Level 15

    9

    Lawyers agree

    Answered . A felony DWI is either the 3rd or more DWI [2 or more DWI convictions before this arrest], DWI with child or other aggravated DWI offenses. Other prior non-DWI offenses do not affect whether this DWI is a felony or not.

  2. Daniel Keith Peugh

    Contributor Level 7

    7

    Lawyers agree

    1

    Answered . A DWI with 2 or more prior convictions for DWI is a third degree felony. A single DWI with a child under the age of 15 in the car is a state jail felony. Intoxication Assault (a DWI wherein there was an accident and someone suffered injury) and Intoxication Manslaughter (a DWI wherein there was an accident and someone was killed) are both felonies. DWI first offenses or DWI's with only 1 prior DWI conviction are both misdemeanors. Non-DWI priors will not make a first DWI a second or a second DWI a third and so on. However, prior non-DWI cases can be used to give a defendant more punishment.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,316 answers this week

3,389 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,316 answers this week

3,389 attorneys answering