In the hierarchy of offenses in the criminal system, first, come infraction then misdemeanor and most serious is the felony.
An infraction is a less serious type of crime in which a person who committed that crime such as jaywalking and illegal parking will have to pay a fine and not needing court settlements.
Misdemeanors, on the other hand, are more severe than infractions but less than felonies. The time to render the punishment is over a year usually in a local jail. The sanctions, charges, and pleas for misdemeanors of crime have a wide range.
For the most serious type of all, a felony is a crime that needs to be settled in court, and by prison sentences thus the severity of the punishment will also depend on the severity of the offense since society usually views the actions as inhumane. In the example of such are murder, rape, arson and reckless drunk driving involving death.
DWI – driving while intoxicated, also termed as drunk or drugged driving is illegal not only in the USA but also all over the world. Driving while intoxicated by either drugs or alcohol or both is considered as a criminal offense under the Texas Law that involves legal consequences.
Texas Penal Code Title 10, Chapter 49 states the general drunk driving law that explains ‘intoxicated’ in the approach of two. First is the driver is not in his properly functioning self-due to alcohol and or drug consumption and second is having a 0.08 or more blood alcohol concentration.
To prove that someone has violated the law, enforcement officers collect pieces of evidence of intoxication through different methods such as the following:

  1.     Immediate observation through the appearance and behavioral aspects of the driver such as red eyes, speaking unclearly, delayed reactions, or the alcohol odor.
  2.    If the driver shows the signs mentioned above, he or will be asked to take the Field Sobriety Tests. This test involves the following;
  3.   Horizontal Gaze Nystagmus. Observation in which how well the driver’s eyes will correctly follow the movement of an object, a pen or a small flashlight, moving in horizontal motion.
  4.    Walk-and-turn. The driver must walk in a straight line taking nine steps, in heel-to-toe then turns to repeat it in the other direction to prove that he or she is not intoxicated.
  5.    One-leg stand. For about 30 seconds the driver will be asked to stand on one leg only while counting loudly. After which the person will put his foot down, officers will observe signs of instability and imbalance connecting to intoxication.
  6.    To determine the blood alcohol concentration (BAC), the driver’s breath, blood or urine will be taken to be tested.

If above test and observations prove someone to be intoxicated while driving, the offense level, fine, jail range and license suspension will depend on the type of conviction.  DWI Crimes that comprises other lives in any from the following:  DWI with a child below 15 years old, DWI that Causes Serious Bodily Injury and DWI that Causes Death are considered to be Felony Offense Level. On another hand, if someone will be accused of DWI without the involvement of others has an offense level of the misdemeanor.
On the good side, even though accused, Felony DWI Texas allows Criminal Defense Attorney to take over the case. Hiring a skilled and experienced lawyer might make the punishment less severe, resolved the issue to the point of case dismissal.