Felony DWI – DWI 3rd or More
If you have been arrested for DWI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, and you have been previously convicted of two previous DWI’s, you are facing a serious criminal charge that carries with it a 3rd degree felony punishment range of a minimum of 2 years up to 10 years in the Institutional Division of the Texas Department of Corrections (prison).
Will my DWI 3rd be a Misdemeanor if my previous DWI’s were probations?
No. Recent case law has established that even if your prior DWI convictions were served and completed on probation, the law will treat your DWI probations as convictions sufficient to enhance your DWI to a 3rd degree felony. See Gonzales v. State, 309 S.W.3d 48 (Tex. Crim. App. 2010).
Is it possible to receive probation for a Felony DWI?
Yes. Although each Felony DWI case presents a unique set of facts and circumstances for the prosecutor and judge to consider, the law provides that if you have not been previously convicted of a felony, you could be a candidate for probation.
If you receive probation for a Felony DWI (DWI 3rd or more) in Tarrant County, you will be required to meet stringent conditions of probation that could last for a period of up to 10 years. As part of your Felony DWI probation, you will be required to spend at least 10 days in the Tarrant County Jail (often as much as 120 days is mandated in Tarrant County) as a condition of your probation. Additionally, you will be required to attend a drug and alcohol evaluation or rehabilitation program and complete a program designed for repeat drug & alcohol offenders as a condition of your felony DWI probation. In addition to reporting and paying the court costs, fines and fees associated with your rehabilitation program, you will also be mandated to install (at your expense) an ignition interlock device on your vehicle.
If you have been arrested for a Felony DWI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, it is important to retain the counsel of an experienced DWI lawyer that has experience in the courts of Tarrant County and is willing to fight for your best interests. At The Hampton Law Firm, we will guide you through the process and work with prosecutors to ensure you receive the best possible result for your Felony DWI Charge.
Call The Hampton Law Firm now for a free consultation.