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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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i got charged for dwi 3rd offense a felony my last dwi offense

Resolved Question:

i got charged for dwi 3rd offense a felony my last dwi offense was nov of 2010 and one in 1990 and another in 1991 . isn't there a law where they can only go back 7 or 10 years which would make the dwi offense in nov of2010 a 1st offense. i got 5 years probation with 4 remaindingto do. can you help this happened in harris county
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Joseph replied 5 years ago.

Unfortunately, there is no such time limitation for charging this as a felony offense. The following language is from section 49.09:

 

(b) A DWI offense is a felony of the third degree if it is shown on the trial of the offense that the person has previously been convicted:

 

(2) two times of any other offense relating to a DWI.

 

As you can see, the statute does not provide any time limitations to charge a felony offense. As such, your prior offenses can be used against you to charge this offense as a felony.

 

I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response.

 

Please let me know if anything needs clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 5 years ago.
joseph is there anything that can be done with 19 years between 2nd and 3rd dwi i work in houston refiniers. when they do a back ground check the felony appear and i get denied access in the plant so i can't work.i was told it would even get harder after jan 1,2012. can you help.
Expert:  Joseph replied 5 years ago.

With the '90 and '91 offenses being so old, the prosecutor may work with you on reducing this charge so that it will not be a felony. You haven't mentioned any of the facts as of yet, hopefully some of them weigh in your favor. For example:

 

  • The traffic stop may have been for something minor such as speeding
  • Perhaps the officer did not notice a strong odor of alcohol or bloodshot eyes
  • You either refused the sobriety exercises or performed them well
  • You either refused any breath test or had a low result

 

Any such things could be used by a competent criminal defense attorney to your benefit. If the facts weigh sufficiently in your favor, a reduction in the charge would be a possibility.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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