Driving while intoxicated (DWI) is a serious crime in Texas, and attempting to flee the scene can lead to even more severe consequences. In Texas, fleeing the scene of a DWI in a vehicle can result in felony charges being brought against you. If you are facing felony charges related to fleeing the scene of a suspected DWI, you must seriously consider hiring a criminal defense lawyer. When facing charges such as this, you need to do everything in your power to fight for your rights and freedom. Hiring a lawyer is a wise first step in combating these very serious charges.

Understanding DWI Laws in Texas

It is well known that in Texas, a person is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08 percent or higher. A DWI conviction can result in prison time, alcohol education classes, license revocations, and more. However, the severity of the offense 

In Texas, a DWI (Driving While Intoxicated) offense can be charged as a felony. While a first-time DWI offense is typically a misdemeanor offense, subsequent offenses or specific aggravating factors can elevate the charge to a felony. If you have been charged with felony DWI, you need to seriously consider hiring a lawyer. Failing to hire a lawyer will almost certainly result in a negative case outcome.

Understanding When DWI is Considered a Felony 

Here are examples of when DWI can be charged as a felony, including:

• Intoxication assault – A DWI can also be charged as a felony if it causes serious bodily injury to another person. This offense, referred to as intoxication assault, is considered a third-degree felony in Texas. If it can be proven that the driver was operating their vehicle while intoxicated and caused an accident resulting in serious bodily harm to another person, they could face felony charges. 

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When facing criminal charges, one of the most significant decisions someone can make is whether to try and settle a case by making a plea bargain with the prosecution or try to avoid a conviction by going to a trial. Like with any important decision, there are important factors to consider, as this decision will likely have a major impact on your reputation, freedom, and future. To help you evaluate your options as you navigate the Texas criminal justice system, contact an attorney to discuss how best to move forward. 

What Are the Advantages of Taking a Plea Bargain?

Here are some examples of the advantages of taking a plea deal, including:

• Increased certainty – By choosing a plea deal, you gain more control over the outcome of your case. Negotiating a plea deal allows you to have a say in the terms of your sentencing, potentially leading to a more favorable resolution. 

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Sometimes my clients get sick while serving their Texas felony prison sentences. Sometimes they are already sick and their condition worsens. Obviously, if we are fighting to get a client released to parole, his health can be an important factor for the Board to consider. Below I try to set out common issues that arise when advocating for a sick or physically compromised client.

TDCJ Medically Recommended Intensive Supervision

If a client is terminally ill, he may be eligible for special review and release to parole under TDCJ’s “MRIS” program (Medically Recommended Intensive Supervision). The requirements are strict. As a threshold issue, you have to be terminally ill, over the age of 65, mentally ill, developmentally disabled, require long term intensive medical care, have an organic brain syndrome, or be in a persistent vegetative state. Additionally, only inmates convicted of non-violent and non-sexually assaultive offenses can normally qualify (except that if an inmate is in a vegetative state he may be released under MRIS even if he was convicted of a sexual assault offense).

I’ve represented clients in parole review all over Texas. As the vote date approaches, my clients and their family often have questions, mostly about what the Parole Board is up to and when they will vote. I’ve put together some general answers to the most common questions raised by my clients and their families. As always, this isn’t legal advice. Find a good parole lawyer to get specific advice for your loved one’s case.

1. What does it mean to be in parole review?

In Texas, inmates go into parole review 6 months before their first parole review date or 4 months before any subsequent parole review date. Theoretically, a Texas Parole Board can vote to release or deny release to an inmate any time during that 6 or 4-month review period. But that almost never happens. Most Boards will vote on an inmate within a few weeks of the parole review date. So what is the point of having an inmate in parole review status for so long? I think the most helpful way to understand the parole review period is from an administrative perspective. Having an inmate in “parole review” means that TDCJ is on the clock for getting the file prepared for the Board to vote and getting the inmate interview completed. It also provides specific timelines for parole attorneys to prepare and submit parole packets and support materials to the board.