DWI: Third Offense
Nervous About Your Third DWI Charge?
A third DWI offense can be very serious for any offender and should be
handled very responsibly and promptly. A third conviction could result
in a felony conviction and permanent damage to your records. There are
many steep reproductions for a third offense, punishments that should
be carefully examined and prepared for. Your educational and/or occupational
opportunities may be severely limited, along with the rights to vote and
to possess or own a firearm. All of these possible punishments are reasons
as to why getting a trusted and experienced law firm like Carroll Troberman,
PLLC to represent you when awaiting trial.
Many people who are facing charges of their third DWI offense are usually
nervous and worried about the outcome. This fear is rightfully appropriate
because of it’s implications that a defendant has faced similar
offenses not once but twice before and seemingly still disregards the
law. However it is important to remember that each and every DWI case
is different and should be examined fairly and challenged thoroughly to
assure an honest and just trial. Here are Carroll Troberman, PLLC we fight
to keep our clients from being made an example of regarding their DWI offenses.
What Happens After My Third DWI Offense?
Taking the right steps immediately following a third offense on driving
while intoxicated can be the deciding factor between a justified punishment
and hostile and severe punishment. This is largely because of the increased
intensity of the charge, considering it now becomes a felony offense.
Immediately following the incident, Texas law requires an immediate detainment
in jail. It is important to contact our legal defense team as soon as
possible following this incarceration so the plan can begin to look for
the correct representation for you.
Your previous convictions are going to be examined by the court so it is
important that our legal team has access to them as well to help build
your case. We must begin by carefully examining all the parameters surrounding
your current charges and build a plea based on many of the factors surrounding
- BAC at the time of incident
- Depending on exactly how high you rank with your BAC in correlation to
how close it was taken to the time of the stop or accident can help build
your case. There is a large difference between blowing just at or above
the legal limit and being far beyond comprehension of the limit. While
there is no excuse for driving while intoxicated, sometimes it is an honest
misunderstanding as to what level you perceived you were at.
- Speed and location of incident
- While driving under the influence isn’t allowed, your DWI incident
could have had a different outcome based on different aspects of the situation.
Sometimes your actions, although reckless, can be argued as having not
been as hazardous or dangerous as they could have been because of your
ability to still maintain a safe speed and distance from surrounding traffic
or other obstacles.
- Cooperation following incarceration
- Because intoxication is a form of inebriation which usually drives offenders
to perform unwarranted and irresponsible actions, it is understood why
police would need to act swiftly and sternly upon arriving to an incident
and finding an intoxicated driver. However, the actions you take and cooperation
you give with authorities, such as not resisting or arguing and participating
in the procedures they ask of you both on the scene and once at the jailhouse,
can reflect in a positive light with the judge and jury upon trial.
What Should I Prepare For After A Third DWI Conviction?
The penalties for a third DWI conviction increase significantly compared
to a first or second offense. Because there is previous incidents as well
as most likely substantial evidence that you were in fact a intoxicated
at the time of the incident, the chances of a complete escape from conviction
are very slim. However, if you allow our expert legal team to represent
your case in the trial to defend you against your third DWI offense you
could definitely see a better outcome in the verdict rather than you might
by facing trial alone or with a lesser qualified attorney.
Since this conviction is no longer considered a misdemeanor but a felony
of the third degree, it is generally punishable by a minimum prison sentence
of two years and a maximum of ten years. Often times these sentences can
be reduced following cooperation and good behavior during your sentence.
While the state has very firm laws and rulings on third time DWI offenders
that might be difficult for average legal consultants to delegate, here
at Carroll Troberman, PLLC we are confident that our legal staff will
appropriately represent you to assure that your sentence doesn’t
exceed anything more than justified. This means that while a prison sentence
might be served, we can help you alleviate the possible sentencing of
any additional punishments or penalties.
Additional penalties for a second DWI can include any of the following:
- Fines up to $10,000, not including court costs and other additional fees
- Driver’s license suspension from 180 days to two years
- Installation of an ignition interlock device in the offender’s vehicle
- Monthly reporting to a probation officer
- Attendance at a DWI repeat offenders class
- Community service up to 1,000 hours
- Counseling for alcohol or substance abuse
- Completion of an alcohol or drug education program
Defend Your Third DUI Charge
To be convicted of a third or subsequent DWI offense, the state prosecutor
must prove beyond a reasonable doubt that you committed the crime of driving
while intoxicated. There is usually an impressive amount of factual evidence
and reports of the incident to be examined thoroughly. Sometimes these
examinations are clear cut and call for a legal adviser to interpret and
advise a client. However sometimes theses examinations can raise a debate
and provide an avenue for legal representation from our experienced
attorneys to fight for your case to seek the minimal punishment for the mistake
Blair Carroll and
Meredith “Shelly” Troberman have extensive knowledge of Texas
DWI defense and how the other side approaches such cases. You have a lot to lose if
convicted for the third time, so make sure to
contact the lawyers you can trust to fight tirelessly in your defense. Call now
for a free, private consultation. (512) 605-1619