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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 the incident.

  • 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 you’ve made.

Attorneys 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

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