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Felony DWI or DUI Attorney Houston

If you find yourself wearing handcuffs because of a DUI or DWI, you’re going to need some legal help. While most first offenses are considered Class B misdemeanor offenses and a second offense is a Class A, a third such offense becomes a felony. Additionally, the act of driving a motor vehicle in a public place while intoxicated (which is normally a misdemeanor) is generally considered as additional or surrounding factors.

If you have had two prior DWI convictions, you are now facing felony DWI charges. The stakes at this point are very high and the consequences serious. You face from a minimum of two to ten years in prison. While you may be eligible for community supervision depending on your prior criminal history, the term of your probation will still be a minimum of two years and up to a maximum of ten. Whether you can even get probation is going to depend on a number of factors, however. For this reason, it is important that you have an experienced criminal lawyer representing you.

Third Time DWI Penalties

The penalties for third time DWI include:

  • Two to ten years in prison
  • Drivers License Suspension of 180 days to two years
  • Up to $10,000 in fines

Also, DWI can vary depending upon the following circumstances:

Driving with a Child Passenger

You can be charged with child endangerment if you drive while intoxicated if you have passengers that are younger than 15 years old. DWI with a child passenger is a serious offense that is punishable by:

  • A fine of up to $10,000
  • Up to two years in a state jail
  • Loss of your driver license for 180 days

Also, the number of convictions will have an impact on the sentence

First Offense

  • A fine of up to $2,000
  • Three days to 180 days in jail
  • Loss of driver license up to a year
  • Annual fee of $1,000 or $2,000 for three years to retain driver license

Second Offense

  • A fine of up to $4,000
  • One month to a year in jail
  • Loss of driver license up to two years
  • Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver license

Third Offense

  • A $10,000 fine
  • Two to ten years in prison
  • Loss of driver license up to two years
  • Annual fee of $1,000, $1,500, or $2,000 for three years to retain driver license

After two or more DWI convictions in five years, you will be required to install a special ignition switch that prevents your vehicle from being operated if you have been drinking.

In addition, you should expect to receive community service (from 160-600 hours), complete alcohol treatment, and jail time as a condition of probation. Jail time is mandatory by law on felony DWI probation.

Finally, keep in mind that Texas has no “look back” period when it comes to past offenses. A previous charge may be counted in your total number of DUIs even if your first DUI was 25 years before your current offense.

Call Paul Darrow Today

An experienced Houston DWI lawyer can help make the difference between prison and probation; persuading the prosecutor, judge, and ultimately the jury as to why a person should receive probation is only half the battle. The circumstances of your latest DWI, whether there was an accident or any other aggravating factors, and how long it has been since your prior DWIs will also be taken into account.

Paul’s experience as a former prosecutor brings a wealth of experience to his practice as a criminal defense attorney and gives him the advantage when it comes to achieving results for his clients. When it comes to defending those who are facing serious the consequences of a criminal charge conviction, he is the best one to have on your defense team.