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Lubbock third offense DWI penalty enhancements could include prior felony convictions. If the person has been previously convicted of certain felonies and has gone to the penitentiary, then the sentence can be enhanced. If a person with a prior felony DWI was arrested for another DWI, it is felony with penalty enhancement.
If there is a person who is goes to penitentiary twice, then that could enhance the penalties to what is called the habitual statute, and the person could be looking at a minimum of 25 years in prison up to life and up to a $10,000 fine.
Consult with an third offense DUI attorney for more information about the circumstances behind a penalty enhancement today.
Minors in the Vehicle
In Lubbock, there is a separate offense if there is a child under the age of 15 in the vehicle, which is called a DWI with kid in the car. Even if it is a person’s first offense DWI, but there is a child under the age of 15 in the car, then the charge is no longer a misdemeanor, it is a felony. The DWI with child under 15 statutes is a state jail felony, not a third degree felony.
That means that a person has no criminal history, had their 14-year-old in the vehicle with them after drinking, and gets arrested. That person risks a minimum of 180 days up to two years in the state jail facility. There may be opportunity for probation but the charge could still carry a felony conviction and, under the statute, there is no ability to do a deferred.
Challenging a Kid in the Car Felony DWI
Challenging a kid in the car felony DWI is the same as challenging a first offense or second offense DWI, an attorney looks at the facts of the case and tries to prove that there is a child in the car.
There can be ways to mitigate charges involving a kid in the car felony DWI. For instance, if there is a case in which there were two children in the car, the state prosecutor might file it as two separate cases, trying to get two felony convictions. An attorney could appealed that, claiming that it does not matter how many children an individual has in the vehicle, the conviction should be determined based upon the offense of driving while intoxicated.
Avoiding a Lubbock third offense DWI penalty enhancements involving a child depends on the facts of the case.
BAC is not a determining factor in enhancing penalties in third offense DWIs. Once a felony status is reached, there are no penalty enhancements as far as BAC measurements are concerned. A prosecutor or jury will care more about what the BAC measurement is.
Hiring a Local Lawyer
There are many reasons why a person would hire a local Lubbock lawyer. They are more likely to know the prosecutors in each court, which are tougher on certain areas. They will also know judges, officers, and other community resources.
Knowing the local prosecutors, judges, and community is beneficial to anybody who is facing a Lubbock third offense DWI penalty enhancement. Contact one today.