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Felony DWI:DWI 3rd Offense or More
If you have been arrested for DWI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, and you have been previously convicted of two previous DWI’s, you are facing a serious criminal charge that carries with it a 3rd degree felony punishment range of a minimum of 2 years up to 10 years in the Institutional Division of the Texas Department of Corrections (prison).
Will my DWI 3rd be a Misdemeanor if my previous DWI’s were probations?
No. Recent case law has established that even if your prior DWI convictions were served and completed on probation, the law will treat your DWI probations as convictions sufficient to enhance your DWI to a 3rd degree felony. See Gonzales v. State, 309 S.W.3d 48 (Tex. Crim. App. 2010).
DWI 3rd (or more) Offense
If you have been arrested and charged with a DWI and have been previously convicted of two or more DWI’s, you could be facing a third degree felony DWI charge that imposes a prison sentence of up to 10 years and up to $10,000 in fines. The probation requirements for a felony DWI are demanding. In addition to a driver’s license suspension, felony DWI probation may require community service, drug and/or alcohol treatment and classes, court-ordered alcohol detection devices (ignition interlock device) installed at your expense on your vehicle, and the prospect of incarceration in the Tarrant County jail as a condition of your probation.
DWI With a Child Passenger
If you have been arrested and charged with a DWI and, at the time of the offense, a minor under the age of 15 was in the vehicle, you could be facing a State Jail Felony DWI charge that imposes a prison sentence of up to 2 years in the Texas State jail facility and up to $10,000 in fines.
If you have been arrested and charged with this DWI-related offense and an accident occurred that resulted in someone receiving serious bodily injury (serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ), you could be facing a third degree felony that imposes a prison sentence of up to 10 years and up to $10,000 in fines. If it is determined that probation is a legal option, in addition to the demanding probation requirements for all DWI-related offenses, you will be required to complete drug and/or alcohol treatment and classes, complete an alcohol education program and serve no less than 30 days in the Tarrant County jail as a condition of your probation.
If you have been arrested and charged with this DWI-related offense and an accident occurred that resulted in the death of another, you could be facing a second degree felony that imposes a prison sentence of up to 20 years and up to $10,000 in fines.
Is it possible to receive probation for a Felony DWI?
Yes. Although each Felony DWI case presents a unique set of facts and circumstances for the prosecutor and judge to consider, the law provides that if you have not been previously convicted of a felony, you could be a candidate for probation.
If you receive probation for a Felony DWI (DWI 3rd or more) in Tarrant County, you will be required to meet stringent conditions of probation that could last for a period of up to 10 years. As part of your Felony DWI probation, you will be required to spend at least 10 days in the Tarrant County Jail (often as much as 120 days is mandated in Tarrant County) as a condition of your probation. Additionally, you will be required to attend a drug and alcohol evaluation or rehabilitation program and complete a program designed for repeat drug & alcohol offenders as a condition of your felony DWI probation. In addition to reporting and paying the court costs, fines and fees associated with your rehabilitation program, you will also be mandated to install (at your expense) an ignition interlock device on your vehicle.
If you have been arrested for a Felony DWI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, it is important to retain the counsel of an experienced DWI lawyer that has experience in the courts of Tarrant County and is willing to fight for your best interests. At The Hampton Law Firm, we will guide you through the process and work with prosecutors to ensure you receive the best possible result for your Felony DWI Charge.
Call The Hampton Law Firm now for a free consultation.
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