Texas law increases the seriousness of DWI cases for repeat arrests. If convicted of two DWIs, then the next arrest for DWI will be enhanced to a Third Degree Felony. This enhancement is a serious one, since it increases the punishment from regular county jail to prison. Prosecutors may also be less willing to offer probation on a Felony DWI, especially if the person had problems on probation on the prior DWIs.
The biggest issue for most people would be the risk of prison. While most Class Misdemeanors carry a potential penalty up to 180 or 365 days Jail and/or $4,000 fines + costs, the chance of prison is terrifying. Luckily, Keates Law Firm has been successful in avoiding prison for felony DWI cases, whether by beating the case at Jury Trial, or negotiating reduction of charges. Other concerns for the accused include up to a two year license suspension, ~$4,500 per year DPS surcharge, $125 Reinstatement Fee, the required Interlock Device in car, longer DWI Education classes, longer SR22 insurance requirements, and insurance rate increases.
Years ago, the law was different. DWI convictions could only be used if they occurred within 10 years. But no longer. There is no drop off period now for DWI convictions in Texas. If you're convicted for a DWI was you're 20 years old, and a second DWI at 22 years old, any DWI arrest in the future would be a felony. Even if it's 50+ years later.
The Keates Law Firm has over 14+ Years Experience handling criminal defense cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Our Results Speak for Themselves. Keates Law Firm has a record of dismissals and acquittals in a variety of criminal cases. We are dismissal focused, and we get results.
(a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated.
|Level of Offense||Punishment|
|Class C Misdemeanor||Not Jailable, No more than $500 fines|
|Class B Misdemeanor||Not more than 180 days in a county jail, and/or no more than $2,000 fines|
|Class A Misdemeanor||Not more than 1 year in a county jail, and/or no more than $4,000 fines|
|3rd Degree Felony||2-10 Years in Prison, and/or no more than $10,000 fines|
"He was more than prepared and encouraged going to trial on the DWI. Robert has truly surpassed all expectations and I highly recommend his services!" -Laura W.
"DWI dismissed. Paid $75 for a reduced traffic ticket, and was done! No jail, no probation, no comunity service. I absolutley recommend Robert. -Jonathan P.
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