While receiving felony charges for drinking under the influence may be a frightening situation, know that you do not have to face it alone. A professional Midland felony DUI lawyer can offer you assistance in fighting your charges by gathering evidence, interviewing key witnesses, and creating a defense strategy on your behalf. Read on to learn more about how a skilled defense attorney could make a difference in your case today.
How Can DUI Charges be Elevated to a Felony Offense?
There are three potential situations that would result in a felony offense for a DUI. If the driver has never received a felony conviction before, they may potentially be eligible for probation. However, know that it would be very difficult to receive it from a judge. In many circumstances, probation must be awarded by a jury vote due to Texas’ deadly weapon finding law. For this reason, help from a determined Midland felony DUI lawyer can be significant in these situations. Additional aggravating factors to the below situations would include if a government employee were to be injured or killed in an accident caused by drunk driving as well.
Driving Under the Influence with a Minor in the Car
The first type of felony offense could occur if an individual drives under the influence with a child under the age of 15 in the car. This is considered a state jail felony, where the defendant would receive a sentence of six months to two years in the state jail facility and potentially $10,000 in fines if convicted. An individual does not have to be a second or third-time offender to receive this type of charge, as driving under the influence with a minor in the car is always considered a felony.
The second potential DUI felony is known as an intoxicated assault case. This means that someone was seriously injured as a result of someone driving under the influence. This crime is considered a third-degree felony that carries a potential punishment range of two to 10 years in prison with a fine of up to $10,000. If the injured individual was a law enforcement agent, an EMS nurse, or a firefighter, it would enhance the penalty to a second-degree felony that could carry up to a 20-year sentence spent in a penitentiary.
The last type of DUI felony is an intoxicated manslaughter case. If someone kills another individual while driving under the influence, that is considered a second-degree felony in the state of Texas. If convicted, this crime would carry up to a 20-year prison sentence. If a law enforcement agent, EMS nurse, or firefighter were killed in the accident, the punishment range would be five years to life. These cases are very serious, and anyone facing these charges should consider contacting a qualified Midland felony DUI lawyer as soon as possible.
It is important to note that one’s penalties for driving under the influence will range depending on what type of case they have. While a state jail felony would have no more than a two-year sentence, a conviction for a first-degree felony could result in a defendant risking the rest of their life in prison. This highlights the importance of having legitimate representation from a distinguished defense attorney who can act as an aggressive advocate for one’s innocence.
The Value of a Local Midland Felony DUI Lawyer
Having a local attorney on your side can be an important asset to your case because they would know the area, the courts, and potential sentences a judge may give. A weathered Midland felony DUI lawyer would know from experience what a prosecutor or judge may think about a certain area, and would be able to craft a defense strategy around that knowledge. If you wish to fight your charges, reach out to a dedicated Midland felony DUI lawyer today for your initial consultation.