Someone charged with their third DWI is looking at a felony offense. The state is also going to prosecute them to the full extent of the law. A third offense for a DWI is sort of an official line for the district attorney’s office. By this point, the person has been arrested and convicted twice before and the prosecutors are not going to be lenient on the individual because they have had their chances. Three DWIs or more and the case is going to be heard on a district court level. If you are facing third offense DWI charges in Denton, reach out to a determined DUI lawyer that could fight for you.
Penalties for Habitual DUI Offenses
When it comes to sentencing, the judge can be as lenient or as harsh as they want, depending on the factors of each case. However, because the individual is facing their third offense, the judge is not likely going to take it easy on the defendant. The prosecutor will also be tough on the defendant and will be less likely negotiate for third-offense DWI charges in Denton.
When someone is arrested for their third DWI, they are facing a third-degree felony. The penalties for a third-degree felony is two to 10 years in jail and up to a $10,000 fine. Like any DWI, the person will also have their driver’s license suspended. The person can always request an Administrative License Revocation (ALR) hearing to challenge the suspension.
The penalties for third-offense DWI charges in Denton are severe, which is why someone facing them should seek the services of an experienced attorney.
In Texas, there is an enhancement for prior DWI convictions which is going to result in increased jail time. The defendant will also be looking at minimum jail time that they may serve while on probation.
Another example of a way someone could get a penalty enhancement is if there was a minor in the vehicle at the time of the DWI arrest. If there is a minor in the vehicle, the individual could actually be charged with an additional crime other than the DWI.
Building a Defense
An individual does not want a felony on their record because a felony takes away a person’s freedom. Not only is the person going to be facing prison time but they are going to have a criminal conviction on their record. This means the individual is going to have to report that they are a felon on job applications and other applications for the rest of their life. Also, they will be barred from legally possessing a firearm.
Building a defense for third-offense DWI charges in Denton will be the same as the first two DWIs. The only way there is a difference in the first two offenses is that the attorney needs to make sure that they can actually prove the two prior convictions.
To build a defense, the lawyer is going to gather evidence by reading the police reports, seeking witnesses, checking videos, and investigating the breath and/or blood tests.
Importance of Working With a Denton DWI Attorney
Anyone facing third offense DWI charges in Denton should look to hire a lawyer with local experience because they will know the judges, prosecutors, and the jurisdiction system. An experienced Denton lawyer will be able to go through and evaluate the case in person in order to give the individual an idea of what is going on. If you have been arrested for your third DWI, contact a seasoned lawyer right away to get started on your case.