As a seasoned Frisco criminal defense attorney, Philip D Ray has navigated the complex terrain of DUI laws in Texas. A DUI charge in Dallas can be a serious offense, significantly impacting your life. Understanding the legal distinction between misdemeanor and felony DUI is crucial for anyone facing such charges.
Misdemeanor DUI in Texas
In Texas, a first-time DUI offense is generally classified as a Class B misdemeanor. This can result in up to 180 days in jail, a fine of up to $2,000, and a driver’s license suspension for up to a year (Texas Penal Code § 49.04). However, if your blood alcohol concentration (BAC) is 0.15% or higher, the charge escalates to a Class A misdemeanor, which carries harsher penalties (Texas Penal Code § 49.04(d)).
Transition to Felony DUI
A DUI charge in Dallas transforms from a misdemeanor to a felony under certain circumstances:
1. Third DUI Offense: If you have two prior DUI convictions, a third DUI is classified as a third-degree felony. This can lead to 2 to 10 years in prison, up to a $10,000 fine, and a 2-year license suspension (Texas Penal Code § 49.09(b)).
2. DUI with a Minor Passenger: Driving under the influence with a passenger under 15 years old is a state jail felony. This comes with potential penalties of 180 days to 2 years in a state jail and a fine of up to $10,000 (Texas Penal Code § 49.045).
3. DUI Manslaughter: If a fatal accident occurs while you’re driving under the influence, you face a second-degree felony charge known as intoxication manslaughter, punishable by 2 to 20 years in prison and a fine of up to $10,000 (Texas Penal Code § 49.08).
4. DUI Assault: If the DUI results in serious bodily injury, it’s considered intoxication assault, a third-degree felony, with penalties including 2 to 10 years in prison and a fine of up to $10,000 (Texas Penal Code § 49.07).
Factors Influencing Charges and Penalties
Several factors can influence the severity of DUI charges and penalties in Dallas, including your BAC level, prior DUI convictions, and whether any injuries or fatalities were involved. The presence of aggravating factors, like having an open container in the vehicle, can also elevate the severity of the charges (Texas Penal Code § 49.031).
Defending Against DUI Charges
As a criminal defense attorney, Philip D. Ray focuses on providing a robust defense for individuals facing DUI charges. This includes examining the arrest procedure for any legal violations, challenging the accuracy of BAC testing methods, and negotiating for reduced charges or alternative sentencing options where possible.
Why Legal Representation Matters
Navigating DUI laws can be daunting, and the stakes are high. Having experienced legal representation is crucial. A skilled attorney can help mitigate the consequences of a DUI charge, whether it’s a misdemeanor or a felony.
Contact Philip D. Ray for Legal Assistance
If you or someone you know is facing a Dallas DUI, don’t wait. Call Philip D. Ray today, at (469) 588-6770. His expertise as a Frisco criminal defense attorney can provide the guidance and representation you need to navigate the legal challenges of your DUI case. Remember, a DUI charge is not a final verdict – there are defense strategies that can be employed to protect your rights and future.