Texas Third Offense Felony
A third offense of drunk driving in Montgomery County may lead to a state prison sentence
Texas takes DWI very seriously. If you are charged with a third DWI offense in Conroe or Montgomery County, you will be facing a felony charge, which carries the possibility of a state penitentiary sentence of 2 to 10 years. You also may be fined up to $10,000 and face license suspension for up to two years.
With three or more DUI convictions, an individual also may be ordered to use an ignition interlock device, also known as a deep lung air device. This device requires a breath sample before it will allow your car to start.
A conviction will carry required community service of 160 hours to 600 hours as well some type of alcohol rehabilitation treatment.
Is avoiding jail time an option?
In Texas, is jail time mandatory for a third DWI offense? The short answer – yes. If this is your third DWI conviction in Texas, you will likely have to serve the mandatory minimum jail time of 10 days. But while jail time is often a consequence, there are potential defenses and legal strategies that can help reduce the penalties.
- Get the right lawyer: Start by hiring an experienced DWI defense attorney. They know the ins and outs of Texas DWI laws and can craft a strong defense that fits your case. A skilled lawyer can pinpoint weaknesses in the prosecution’s evidence, giving you a fighting chance to avoid a long prison sentence.
- Challenge the evidence: Your attorney can question the validity of the evidence against you. Were the breathalyzer tests done correctly? Did the police follow proper procedures? Was the breathalyzer sample stored properly? If not, it could weaken the case against you.
- Consider a plea bargain: Sometimes, a plea bargain is the best option. Your lawyer might negotiate for you to plead guilty to a lesser charge, which can come with lighter penalties, like probation instead of jail time.
- Show you're committed to change: Taking proactive steps can work in your favor. Completing a substance abuse program before your trial shows the court you’re serious about addressing any issues and can influence their decision on your sentencing.
- Take Part in court programs: If you can enroll in court-mandated programs or community service, do it. This shows the court you’re taking responsibility for your actions and could result in a reduced prison sentence and other fewer penalties.
Can a 3rd DWI be reduced in Texas?
Yes, a third DWI offense can potentially be reduced to a lesser charge, depending on the specifics of your case. A skilled attorney can help you navigate this process and explore your options. In some situations, you might even negotiate for probation instead of jail time, which can greatly minimize the consequences you face and help you maintain a more stable life.
Talk to an experienced Texas DWI defense lawyer
With such high stakes, it's important to hire an experienced DWI defense lawyer in Texas. Don't hesitate to contact Amanda Webb – DWI Lawyer. Attorney Webb has a high rate of success in obtaining results for clients who are facing serious charges, including a third-degree felony charge. Attorney Webb is dedicated to providing excellent and unrivaled representation in the Houston area for individuals charged with drunk driving and other serious crimes.