Tyler DUI/DWI Defense Lawyer

Is a DWI a Felony?

In the United States, a Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) offense is typically categorized as a misdemeanor, not a felony. However, the specific classification of a DWI or DUI offense can vary from state to state, and it can depend on various factors, including prior convictions and the severity of the offense. Here's a general overview:

Misdemeanor DWI/DUI

A first-time DWI or DUI offense without aggravating factors is usually classified as a misdemeanor in most states. Misdemeanor offenses typically carry less severe penalties than felonies, such as fines, probation, license suspension, mandatory alcohol education programs, and, in some cases, short jail sentences.

Felony DWI/DUI 

In some circumstances, a DWI or DUI offense can be elevated to a felony. Common situations where a DWI/DUI might be considered a felony include:

• Multiple Offenses: If a person has multiple DWI/DUI convictions on their record within a certain time frame, the subsequent offense(s) may be charged as felonies.
• Aggravating Factors: Certain factors can lead to felony charges, such as causing a serious accident resulting in injury or death while intoxicated, driving with a suspended or revoked license due to a prior DWI/DUI, or having a very high blood alcohol concentration (BAC) at the time of arrest.
• Child Endangerment: If a person is arrested for DWI/DUI while transporting a child under a certain age, it can lead to felony charges in some states.

It's important to note that penalties depend on the circumstances of the case and the defendant's prior criminal history. To understand the exact classification and potential consequences of a DWI or DUI offense in your jurisdiction, you should consult with an attorney who specializes in criminal defense or traffic law.

Don’t wait to get started on your case. Call (903) 207-5525 now or contact us online to speak with the Tyler DUI/DWI attorneys at John J. Eastland Attorney at Law, P.C. about your case.

Fighting the Charges

There are many instances where what appears to be drunk driving is either a mistake of fact or the result of some other occurrence. You need an attorney who can help you clearly explain what happened and why you should not be treated like a criminal.

Some possible defenses could include:

• Lack of probable cause to stop or arrest you
• Failure to issue your Miranda rights
• Other procedural mistakes the police made during your stop and arrest
• Improper reliance on roadside or field sobriety tests by the police officer
• Errors in how the authorities administered your blood alcohol or breathalyzer testing
• Improper calibration of the breathalyzer or other testing equipment

Our firm can help you understand the importance of these defenses and how they could protect you.

Understanding the DUI Process in Tyler, TX

Navigating the legal system after a DUI charge can be overwhelming. It’s essential to understand the steps involved in the process to make informed decisions about your defense. In Tyler, TX, the DUI process typically includes the following stages:

• Arrest: Following a traffic stop, you may be arrested if the officer suspects you are under the influence.
• Booking: After your arrest, you will be taken to a local jail where you’ll be booked and processed.
• Initial Court Appearance: Within a few days, you will appear in court to hear the charges against you and to enter a plea.
• Pre-Trial Motions: Your attorney may file motions to suppress evidence or challenge the legality of the traffic stop.
• Trial: If your case goes to trial, both sides will present evidence, and a judge or jury will determine your guilt or innocence.

Being informed about each step can help alleviate some of the stress associated with a DUI charge. Our experienced team at John J. Eastland Attorney at Law, P.C. is here to guide you through each phase, ensuring you understand your rights and options. We believe that knowledge is power, and we are committed to empowering you with the information you need to navigate this challenging time.

If You Are Convicted

It is crucial that you secure effective representation for your case. Prosecutors and law enforcement will go to great lengths to ensure you face the maximum penalties for the allegations against you. With our DWI lawyer on your side, you can feel hopeful and confident that your rights will be protected and that you will be able to tell your side of the story in a compelling way.