Can You Get Probation for 3rd Dwi in Texas
Avoiding The Consequences Of A Third DWI
Felony DWI prosecutions are somewhat rare in states that take 10-year lookback periods. But there is no such restriction in Texas, then as long as the prior conviction was after 1984, it tin can exist used against defendants.
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3rd DWI in Texas
In Houston, a third DWI is a third-degree felony. That means a maximum of ten years in prison and a $ten,000 fine. Fifty-fifty if the judge grants probation, which isn't likely, or the prosecutor agrees to probation, which is even less likely, the conditions are onerous:
- Maximum ten-year term
- Ignition interlock device and possibly an society of no driving at all
- Drivers' license surcharge of upward to $ii,000 a year for three years
- Mandatory DWI teaching form
- Up to 200 hours of community service
- Maximum two-year drivers' license suspension
Everyone convicted of a third DWI must serve at least 10 days in jail, even if they get probation. Furthermore, in many cases, there'southward no good time credit or credit for fourth dimension served.
Some Defenses to 3rd DWI in Texas
The no-lookback provision is both a approving and a curse. While prior convictions almost never drop off your record for DWI charging and sentencing purposes, remote convictions from more than ten years ago don't wait as bad to a jury. Moreover, everyone likes a good comeback story. For example, many people have two convictions within a few years of each other, go some assist, and and then take a setback fifteen or twenty years later. Some jurors will at least be somewhat willing to requite these individuals another chance.
Very often, there are issues with the finish in tertiary DWI cases. Many times, bored officers run a license plate number and discover that the driver has 2 prior convictions. The officers then hound the driver for several blocks, or even several miles, until he or she inevitably commits a minor traffic violation. Many jurors take a very dim view of such selective enforcement.
Finally, all of the defenses available in a first DWI are available in any other DWI case. Some of these defenses include:
- Lack of Reasonable Suspicion: If an officeholder pulls over a accused considering of a third-party tip and not an offense committed in plain view, the cease is inherently suspect and susceptible to challenge.
- Breathalyzer Issues: In borderline BAC cases, the Breathalyzer results are not always accurate.
- Circumstantial Evidence: In refusal cases, the defendant ofttimes performed poorly enough on field sobriety tests to justify arrest, but not poorly enough to warrant a conviction. The latter requires proof across a reasonable doubt.
Prosecutors in many Texas jurisdictions never dismiss or lower DWI charges, no matter how weak the show is, so an aggressive defense force often makes a very big divergence.
Felony DWIs are extremely serious matters. For a gratis consultation with an experienced criminal defense lawyer in Houston, contact Jim Medley Defense Lawyer by calling (713) 766-1711 .
Source: https://www.jimmedley.com/blog/2018/april/avoiding-the-consequences-of-a-third-dwi/
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