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Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2415
Experience:  Lawyer with 19 years of litigation experience in state and federal court systems.
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in texas i have gotten convicted on 2 dwi on probabtion for

Resolved Question:

in texas i have gotten convicted on 2 dwi on probabtion for 1 right now and picked up another one the second dwi was dropped to a 1 offense but know that i got another do you think they will try to make it a felony or will it stay a dwi in the second like on my bond papers
Submitted: 7 years ago.
Category: Legal
Expert:  Lawmoe replied 7 years ago.

Thank you for the post.


Unfortunately, the fact that one of your prior DWI offenses was reduced to a first offense, does not change the fact that it can be used to enhance a subsequent offense. Under Texas law, a third DWI is a 3rd degree felony and is punishable by can mean 2-10 years in the penitentiary. Felony cases are tried in District Courts. If you are presently charged as if it is only a second offense, there is a possibility the complaint may be amended to increase the offense to a felony. Accordingly, I would strenuously suggest contacting a lawyer immediately since it may be wise to seek a plea before a further background study on your record is performed.


Alternatives which can be used at sentencing would include enrollment in an intensive in patient treatment program. Courts often defer to treatment over incarceration.


Secondarily, you also face a probation violation for your last offense which means that the court can impose any part of the sentence previously stayed. In most cases that sentence would be run concurrent (at the same time) as the sentence, if any on your newest violation.



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