Answer 6

A typical first-time DWI charge in Texas is a Class B misdemeanor. But if there are aggravating circumstances involved, the class and penalties can increase, even for a first-time charge.

  • Driving while intoxicated with a child under 15 in the car is a state jail felony.
  • If someone is seriously injured in an accident, the police may charge you with both DWI and intoxication assault, which is a third-degree felony.
  • If someone dies in an accident, the police may charge you with DWI and intoxication manslaughter, vehicular manslaughter, or criminally negligent manslaughter.
  • If your BAC is over .15%, a first-tine DWI charge becomes a Class A misdemeanor.

RECOMMENDATION: Select an attorney with experience handling DWIs with aggravating circumstances, including intoxication assault and intoxication manslaughter. If you're facing enhanced penalties because a child under 15 was in the car or are facing intoxication assault or intoxication manslaughter charges, you need a DWI attorney with the experience and skill to handle these complex issues.


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