While facing Midland third-offense DUI penalties may seem like a daunting situation, know that you do not have to face them alone. A professional defense attorney could offer you their assistance in fighting against these penalties by gathering evidence and interviewing key witnesses to create a defense strategy applicable to your case. Read on to learn more about Midland third-offense DUI penalties, as well as the ways a dedicated defense attorney could help you today.
Factors Affecting Midland Third-Offense DUI Penalties
The penalties for a third offense DUI include up to 10 years in a penitentiary or probation for up to 10 years. Under the current laws, the time between one’s DUI offenses does not matter. However, there are some things that can affect it. For example, the law was different prior to 1984. If an attorney gets an old case or a new case with an old conviction, and they can show that the offense was on or before January 1, 1984, that may not be a valid conviction to enhance the individual to a felony third-offense case.
It is very difficult to get a pretrial diversion on a felony DUI. Probation is still an option in some courts, but it will vary depending on one’s circumstances. It also varies if someone goes to punishment from the judge or from the jury. There are some counties in Texas where a third offense DUI might be three years of probation and others where they do not even offer probation on a third offense DUI.
Law enforcement cannot put an individual in jail before they have been convicted of a third-offense DUI. First, an individual is assigned pre-trial services. These include a driver’s license restriction and the installation of an ignition interlock device in their vehicle. This device keeps drivers from starting the car if their BAC level is above the legal limit. An individual will also have requirements to meet with the pretrial service officer at least once a month, abstain from consuming alcohol, and potentially follow a curfew as well. These are conditions of bond that an individual must comply with if they want to stay out of jail while their case is being handled.
If the state can prove that there were two prior misdemeanor DUI convictions, then this would aggravate an individual’s charge to a third-degree felony which carries a punishment range of two to 10 years in the penitentiary. If someone has not been convicted of a felony, they would be held over probation.
If they have been previously convicted of a felony and they have served any time in the Texas Department of Corrections, it is possible that their charge can be enhanced. If a defendant has received a prior pin trip, then that third-degree felony would be aggravated to a second-degree felony resulting in a punishment range of two to 20 years in prison. If they have had two pin trips, it may be enhanced even more.
If you wish to learn more about what types of Midland third-offense DUI penalties your situation could yield, reach out to a skilled defense lawyer today for your initial consultation.