A third offense DWI can be a felony or misdemeanor depending on how many prior convictions a person has, according to the statues in Texas. Because of this, there could be a case in which someone has three prior DWI arrests but has never plead guilty to a single DWI. It was a third arrest, but there had only been one prior DWI conviction, so the charge would likely be be a misdemeanor.
If it is a third DWI with two prior DWI convictions, then it would be indicted as a third degree felony, which carries a range of punishment from two years to 20 years in the Texas Department of Corrections and a $10,000.00 fine. A Lubbock third offense DWI lawyer is equipped with the knowledge and experience necessary to handle a third offense DWI. To get started building a defense for you case, call and schedule a consultation with a DWI attorney today.
Third Offense DWI Penalties
The range of punishment is not less than two years and up to 10 years in the penitentiary, a fine of up to $10,000.00 if that person did probation, and probation all the way up to 10 years of probation. There are a lot of terms of probation for a felony DWI. Some of terms include jail time, 10 days on probation, and an interlock device installed in a person’s vehicle during probation. If a person is sentenced to a 10-year probation, it means that they will have a device in their vehicle for 60 months, the cost of which is roughly $80 to a $100 a month.
If it is a $100 a month, a person is looking at another $6,000 to have the interlock in. There are also numerous classes they must take during probation, they must report once a week instead of once a month, and they must undergo counseling and other sanctions if applicable.
The bond conditions are also harder. If the person continues to drink while they are on bond, then the courts will modify the condition maybe send them to treatment or eventually revoke their bond. A person charged with a third offense DWI in Lubbock, is required to be in Lubbock County pre-trial supervision, which means that they have an interlock and they are meeting with a pre-trial officer even though they are not convicted. It is common that the terms of the bond include not consuming alcohol, a restriction on entering bars, drinking, or engaging in illegal substances. They are also subject to random UA testing in the process of a Lubbock third offense DWI charge.
Diversion Programs or Probation
Probation can be offered on a third offense DWI depending on the facts of the case, and if it is issued it is typically a long-term probation. Depending on the facts of the case, a third DWI felony can be negotiated down to dismiss the felony and a plea to probation on a DWI misdemeanor can be made.
There is no law that does not allow the prosecutor to do a diversion program on a felony third DWI, but they are not offered often. The chances of doing a diversion program on a felony DWI are small.
Hiring a Lubbock Third Offense DUI Attorney
A Lubbock third offense DWI lawyer is important to have by your side during a charge. Penalties can be severe and individuals can face numerous different restrictions. Contact a Lubbock DUI lawyer today to see what you can do to mitigate the charges.