Felony DWI Attorney in Corpus Christi

Arrested for Felony DWI in Corpus Christi? Get Help Now

If you're facing a felony DWI charge in Corpus Christi, Texas, you need a dedicated legal advocate who understands the intricacies of local law. At Robert J. Gonzalez, Attorney At Law, I am here to provide you with comprehensive support and insightful defense strategies. Leveraging my extensive experience as a former Municipal Court Judge and seasoned attorney, I approach each case with the personalized care it deserves, ensuring your rights are protected every step of the way.

Corpus Christi is known for its rigorous enforcement of DWI laws, which means facing such charges can have significant consequences on your personal and professional life. A felony DWI charge is not just a ticket; it's a serious allegation that can result in imprisonment, hefty fines, and a permanent criminal record. This is why having a knowledgeable felony DWI attorney in Corpus Christi, who is familiar with the local legal landscape, is invaluable to navigating these waters.

Let an experienced felony DWI attorney in Corpus Christi fight for your rights. Call (361) 309-9332 or contact us online today for a free consultation.

Understanding Texas's Felony DWI Laws

Texas Penal Code § 49.04 defines Driving While Intoxicated (DWI). The core definition involves operating a motor vehicle in a public place while intoxicated (having a Blood Alcohol Concentration (BAC) of 0.08% or more, or loss of normal mental or physical faculties due to alcohol/drugs). While most first and second DWI offenses in Texas are misdemeanors, certain circumstances or "aggravating factors" elevate a DWI to a felony.

Key Aggravating Factors That Elevate a DWI to a Felony in Texas:

• Third or Subsequent DWI Conviction (within a lifetime)
• DWI with a Child Passenger (Texas Penal Code § 49.045)
• Intoxication Assault (Texas Penal Code § 49.07)
• Intoxication Manslaughter (Texas Penal Code § 49.08)

Penalties and Collateral Consequences of Felony DWI Convictions in Texas

A conviction for felony DWI in Texas carries severe and life-altering penalties, extending far beyond incarceration and impacting nearly every aspect of your life.

Direct Penalties:

• State Jail Felony (DWI with Child Passenger): 180 days to 2 years in a state jail facility, fine up to $10,000.
• Third-Degree Felony (3rd DWI; Intoxication Assault): 2 to 10 years in state prison, fine up to $10,000.
• Second-Degree Felony (Intoxication Manslaughter; enhanced Intoxication Assault; DWI with prior prison sentence): 2 to 20 years in state prison, fine up to $10,000.
• First-Degree Felony (Enhanced Intoxication Manslaughter/Assault; DWI with 2 prior prison sentences): 5 to 99 years or life in state prison, fine up to $10,000.
• Mandatory Minimum Sentences: Texas law includes explicit mandatory minimum prison sentences for certain felony DWI offenses (e.g., 6 days if open container present for a misdemeanor; 180 days for a DWI with child passenger; 2 years for 3rd DWI).
• Fines: Up to $10,000 for felony DWIs.
• Probation/Community Supervision: While possible for some felony DWIs, obtaining probation is often challenging and comes with stringent conditions (e.g., regular reporting, drug/alcohol testing, community service, no contact orders, mandatory IID). Violating probation can lead to serving the original prison sentence.
• Driver's License Suspension: 180 days to 2 years for felony DWIs. This suspension is often in addition to any administrative suspension and begins after jail/prison time.
• Annual Surcharge: $2,000 annually for three years (totaling $6,000) imposed by the DPS to retain your license after any suspension for felony DWIs.
• DWI Education/Intervention Program: Mandatory attendance and completion.
• Ignition Interlock Device (IID): Often mandatory as a condition of bond, probation, or for obtaining an Occupational Driver's License.
• Vehicle Forfeiture: Possible in certain felony DWI cases.

A felony DWI conviction leads to a permanent criminal record, severely impacting employment, professional licenses, civil rights, reputation, and potentially resulting in civil lawsuits, higher insurance costs, mandatory treatment, and severe immigration consequences including deportation.

Building a Strategic Defense Against Felony DWI Charges

To defend against felony DWI charges, we vigorously challenge the "intoxication" element by scrutinizing every aspect of the stop and testing. This includes arguing an unlawful traffic stop or lack of probable cause for arrest to suppress evidence. 

We dispute the reliability of Field Sobriety Tests (FSTs) by citing external factors or improper administration, and meticulously challenge breath and blood/urine test accuracy by examining device calibration, chain of custody, lab errors, or proper draw procedures. Defenses also include asserting a rising BAC, proving medical conditions mimicked intoxication, or demonstrating proper use of prescribed drugs.

For Intoxication Assault or Manslaughter, a key defense is proving no causation of serious bodily injury or death, arguing the accident was caused by other factors like another driver's negligence, road hazards, mechanical failure, or the victim's own actions, often with accident reconstruction experts. 

We also challenge whether injuries meet the legal definition of "serious bodily injury." Further strategies involve arguing no "operation" or "actual physical control" of the vehicle, asserting constitutional violations to suppress evidence, or providing an alibi to prove you were not the driver.

Why Choose Robert J. Gonzalez, Attorney At Law for Your Defense?

Each case is treated with the full weight of the law, but this also allows room for strategic defenses that consider local precedents and norms. The ability to effectively navigate these elements can be the defining factor in minimizing the impact on your life and preserving your freedom. My local experience allows me not only to anticipate potential challenges but also to work collaboratively with local officials to seek the best possible resolution for you.

• Extensive Experience: Having practiced law since 1984, I have navigated a wide array of DWI cases, ensuring deep understanding and adeptness.
• Unique Judicial Insight: My experience as a former judge provides a distinct advantage in how I analyze and plan your defense.
• Client-Centered Approach: Each case is handled with personal attention, ensuring every client feels supported and informed throughout the legal process.
• Risk-Free Consultation: Explore your legal options with a complimentary consultation that comes with no financial obligations.

Take the First Step to Protect Your Future

Facing a felony DWI charge is overwhelming, but you don't have to navigate this challenge alone. At Robert J. Gonzalez, Attorney At Law, I am committed to providing you with the guidance and support you need to make informed decisions about your legal future. By choosing me as your felony DWI attorney in Corpus Christi, you're selecting a partner who will strive to protect your rights and advocate for your best interests.

Contact me for a free consultation at (361) 309-9332 to discuss your case and start building a comprehensive defense strategy tailored to your needs. Together, we can work towards the most favorable outcome.