When Does A DWI Become A Felony In Texas? | Austin Criminal Defense

Austin Criminal Defense Attorney Charlie Roadman explains when a DWI (Driving While Intoxicated) becomes a third degree felony in Texas, focusing on cases with two prior convictions. He outlines several scenarios:

Typical Scenario: A person is arrested and convicted for DWI twice. The third arrest then qualifies as a third degree felony.

Dismissed First Arrest: If the first DWI arrest is dismissed, it doesn't count. The subsequent arrest is treated as a first-time misdemeanor. If convicted, the next arrest is a misdemeanor second, and then the following one, with two prior convictions, becomes a third degree felony. This scenario involves four arrests but only two count towards the felony.

Multiple Pending Cases: If a person has a first DWI arrest and conviction, then faces a second DWI arrest, and gets arrested for a third DWI before resolving the second, the third arrest is still a misdemeanor since there's only one prior conviction. However, a conviction on either of the pending cases would make the next arrest a felony.

Charlie also discusses potential outcomes for a felony DWI in Texas. These include two to ten years in prison, the same duration for probation, reduction to a misdemeanor depending on the case specifics, a jury trial, or case dismissal if the prosecutors find insufficient evidence or other reasons.

Charlie is the author of The Defendant's Guide to Defense: How to Help Your lawyer Get the Best Result (Misdemeanor Edition): https://www.amazon.com/Defendants-Guide-Defense-Lawyer-Result/dp/0578545322

For more information on Charlie: https://roadmanlaw.com/

Call 512-ROADMAN (512-762-3626) to talk with Charlie.

Видео When Does A DWI Become A Felony In Texas? | Austin Criminal Defense канала Charlie Roadman