Skip to main content

I have a state jail felony for first time dwi with a child under the age 15 in the car what is the possible outcome?

Huntsville, TX |
Attorney answers 2


A State Jail Felony in Texas is punishable by a term of confinement of not less than 180 days and not more than 2 years state jail. There is also a fine not to exceed $10,000.

If you have never been convicted in Texas or any other state of a Felony, then you are eligible for community supervision (probation) if you are convicted. Unfortunately there is no deferred adjudication for intoxication offenses under Chapter 49 of the Texas Penal Code.

There are also driver's license suspension issues involved in the vast majority of DWI arrests with the Department of Public Safety, so please check your paperwork from your arrest.

Obviously you fight the charges and be acquitted which should entitle you to an expunction under Chapter 55 of the Texas Code of Criminal Procedure assuming you otherwise qualify.

You should get an attorney for this matter.


Mr. rosenthal is correct. Hire a local attorney that is expierenced in handling DWI cases.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer