What Constitutes a Felony DUI in Travis County?

While all DUIs in Texas come with intense penalties and potentially lifelong consequences, felony DUI charges in Travis County are especially difficult to navigate and nearly impossible to defend without the help of a locally renowned DUI attorney. Despite being reserved for habitual, reckless, or violent offenders, in party cities like Austin (known as the second worst city in the nation for drunk driving) felony DUI charges are becoming all too common, with many unaware of how harmful these charges can be compared to a misdemeanor. Before you decide to drink and drive, here’s what you need to know about felony DUI in Travis County.

Travis County Felony DUIs:

If you’ve been charged with a felony DUI you’re most likely facing third-degree felony charges. Third-degree felony DUIs encompass everything from third-time (and subsequent) offenses to a DUI with a child passenger and an intoxicated assault.

A third-degree felony DUI charge in Travis County carries two to ten years in prison, a maximum fine of $10,000, and a suspended license for up to two years. Bonds for felony DUI charges are significantly higher than misdemeanors and can cost as much as $10,000. Upon completion of a felony DUI sentence, you can expect to face up to ten years of parole and consequences of a felony conviction on your record which impacts everything from owning a firearm to housing, employment, and child custody.

• Third (and Subsequent) DUI Offenses:

With at least 33% of all DUI offenders reoffending within two years, third and subsequent DUI offenses are among the most common DUI felony offenses. A DUI charge (unless enhanced) is not considered a felony until the third offense, with any offense past a third increasing the minimum prison sentence of a third-degree felony. Regardless of whether your previous conviction was deferred, from out-of-state, or over ten years old, it can still be used against you to enhance your DUI charges to a third-time offense and third-degree felony. 

• DUI With a Child Passenger:

It could be your first alcohol-related offense, but if you’re caught drinking and driving with a minor in the vehicle you can expect to face third-degree felony charges. In Texas, driving intoxicated with anyone under the age of 15 constitutes a DUI with a child passenger charge. Being charged with a DUI with a child passenger is often accompanied by child endangerment charges and the potential for CPS to intervene in your custody.

• Intoxicated Assault:

While still considered a third-degree felony, intoxicated assault is an incredibly serious offense that can ruin another person’s life on top of your own. Those charged with intoxicated assault have been accused of causing serious bodily harm while driving under the influence, such as putting someone’s life at risk, causing them disfigurement, or impairing their bodily function.

• Intoxicated Manslaughter:

Intoxicated manslaughter is the worst DUI charge that anyone can face, as it is reserved for individuals responsible for a fatal DUI accident and is classified as a second-degree felony. A second-degree felony charge in Travis County carries two to twenty years in prison, a maximum fine of $10,000, and a suspended license for up to two years. Intoxicated assault charges can also be enhanced to a second-degree felony if an injury resulted in a vegetative state or happened to emergency personnel such as a firefighter or EMT. If you are charged with intoxicated assault or manslaughter you can also be sued for negligence or wrongful death.

The Importance of an Attorney:

With the evidence often stacked against a defendant in felony DUI cases, an expert DUI attorney is your best chance at a favorable outcome. While rare in many cases, probation is available for felony DUIs in Travis County and, with a good attorney, can result in spending merely a fraction of your sentence in prison (with the mandatory minimum jail sentence for intoxicated manslaughter probation lasting only 120 to 180 days). Although felony DUIs are difficult to defend, there are specific strategies that can be employed for proven success. Aside from the typical breathalyzer defense, those in a DUI-related accident have a constitutional right to aid, which can work against the prosecution if not rendered by an investigating officer. While abstaining from drinking and driving is the only way to ensure you avoid a felony DUI conviction, a DUI attorney is your next best option.