HOW LONG CAN THE STATE USE A PRIOR DWI CONVICTION AGAINST YOU?

July 28, 2023December 10, 2019 by Jim Slaton

Trichter & LeGrand Criminal Defense Law Firm

(713) 524-1010

HOW LONG CAN THE STATE USE A PRIOR DWI CONVICTION AGAINST YOU?

Understanding Conviction Limits

If You’ve Been Previously Convicted of a Dwi, Persecution Can Use That Previous Offense Against You Forever. There Is No Real Limit on Prior Dwi Convictions and How They May Impact Your Future Legal Circumstances. Whether It Was 10, 20, or Even 30 Years Ago, Any Dwi Conviction in Your Past May Be Used to Enhance Subsequent Dwi Charges.

How Does That Change My Charges?

Essentially, Prior Convictions Can Be Used Against You Indefinitely. When It Comes to Dwi, That Means Any Subsequent Dwi Charges Can Be Increased in Grade — for Example, Your Second Dwi May Be Charged as a Dwi Second.

This Increases the Range of Punishments Available to the State, and May Magnify the Consequences for Any Current Dwi Charges. Dwi Charges and Dwi Second or Dwi Third Charges Can Carry Some Serious Consequences, Which Is Why Seeking Professional Legal Counsel Is Often a Good Idea if You Plan to Fight a Dwi Charge at Any Level.

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Probation Or Deferred Adjudication

There Are Some Very Specific Circumstances to Be Aware of When It Comes to the Impact Prior Dwi Convictions Can Have:

Prior Dwi Convictions Where the Offense Was Committed Before January 1, 1984, Cannot Be Used to Enhance Your Punishment When the Initial Sentence Resulted in Probation and That Probation Was Never Revoked.
Prior Probation or Deferred Adjudication From Another State May Not Be Used Against You, but if You Were Fully Convicted of Dwi in Another State, That Conviction May Still Be Used to Enhance Punishment, Even if the Initial Dwi Conviction Occurred Outside of Texas.

Restricted Occupational License

If You Hold an Occupational License and Are Convicted of Dwi, You May Ask the Judge if Your License Will Be Suspended. In Some Cases, You May Ask the Court for a Restricted Occupational License, That Allows You to Go to Work, Religious Services, Pick Up or Drop Off Children at School, or Other Absolutely Necessary Driving Destinations.

For the Duration of the Restrictions, This License Restricts the Hours and Geography Where You May Drive. However, if You Have a Prior Dwi Conviction Within 5 Years of Your Current Arrest, You Will Not Be Able to Get a Restricted Occupational License.

This Is Another Example of How Time Limits May Impact Your Life Following a Dwi Arrest or Conviction.

How To Handle DWI Charges

As You Can See, a Dwi Charge Can Significantly Impact Your Life in a Number of Ways, With Subsequent Charges Further Intensifying the Potential Consequences and Disruption. Due to the Fact That a Dwi Conviction Can Impact Subsequent Dwi Charges Permanently, It’s Even More Important to Arm Yourself With Good Legal Counsel if You Ever Face a Dwi Charge.

One of the Best Ways to Fight a Dwi Charge Is by Working With a Dwi Attorney — Someone Who Has Years of Experience Working With Dwi Cases, and Someone That Understands the Local, Federal, and State Laws and Norms Where You Were Arrested. Trichter & Legrand Can Offer Exactly That.

If You’ve Been Arrested for Dwi in Houston, Give Us a Call and Get a Free Consultation. We Can Help You Understand Your Case and the Legal Proceedings You’re Likely to Face.

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What is a Felony DWI?

July 31, 2023August 11, 2016 by Jim Slaton

(713) 524-1010

WHAT IS A FELONY DWI?

Felony DWI in Texas is a serious charge that can have a major impact on your life beyond the associated penalties and punishments for the actual charge. Felony convictions can disqualify you from voting, obtaining certain jobs, renting apartments, and owning a firearm.

There are four intoxication related offenses that can be classified as a Felony DWI:

State jail felonies can result in a fine of up to $10,000 and confinement in a state jail for any term not more than 2 years or less than 180 days. Your driver’s license may also be suspended from 90 days to 2 years.

If you are convicted, you will be assessed an annual $1,000 to $2,000 surcharge fee each year for 3 years in order to retain your driver’s license. If you are facing a DWI felony charge, seeking legal counsel may help you understand your charges, potential consequences, and other complicated legal components of navigating your case.

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Felony DWI in Texas and Required Restrictions

A conviction for Felony DWI in Texas often comes with a number of restrictions and requirements placed upon you by the court. Some of these restrictions are relevant even if you have only been charged, and not yet convicted, of a Felony DWI.

The court may require several things of you, including:

Installing a vehicle ignition interlock device on your car

A vehicle ignition interlock system detects the presence of alcohol in your breath. When it detects a certain amount of alcohol, it will disable your vehicle for a set duration. This is often a condition of bond, and you will not be allowed to operate a motor vehicle without it.

Abstaining from the use of alcohol or controlled substances without a prescription

Many courts may require that you completely avoid the use of alcohol or controlled substances, except when a prescription dictates necessary use of an otherwise controlled substance. This may be enforced through random or regular drug testing depending on the circumstances of your case.

Abstaining from operating a motor vehicle until the results of your case are no longer pending

In some cases, the court will order that you are not allowed to operate a motor vehicle while your case is pending. The circumstances and severity of your charges may vary, but Felony DWI charges are often accompanied by a higher number of stipulations and requirements.

What to Do When Facing a Felony DWI

If you are charged with any of these offenses, you should consider working with a particularly experienced and knowledgeable legal advocate. Houston DWI attorneys at Trichter & LeGrand have handled hundreds of Felony DWI cases, so we are well equipped to help you navigate the legal process ahead.

DWI and Felony DWI cases can be a complicated and intricate legal battle, relying on evidence and science that may not always be completely accurate or appropriate for an individual’s case, potentially leading to convictions of the wrongly accused. We understand those processes, and are prepared to help you fight for better results in your case.

Mr. Trichter and the entire staff was extremely knowledgeable, professional, caring and compassionate. Mr. Trichter has an immense amount of knowledge. Including the details and specifics of dealing with the FAA after an arrest. As a fellow aviator and aviation enthusiast there is connection and passion that is priceless. Anytime I had a question or concern I knew I could reach out and have a reliable and caring person to help me. The end result of the case was favorable but more importantly the personal growth I obtained with the help of Mr. Trichter is something I will have for the rest of my life. I am so thankful I chose Mr. Trichter to represent me.

Ross “Maverick”

27/10/2022

If you are in search of a good lawyer, or having doubts about choosing one that will remain in your corner and back your play, I strongly recommend Mr.Gary Trichter, Mr.Trichter along with his legal staff were super beneficial and helpful to me when I needed help the most as a good DWI team they came together and got me through one of the darkest times in my life and I couldn’t be more appreciative and thankful, all the hard work and dedication from the Trichter law team, I would strongly recommend them to anyone In need of assistance for DWI or just a good lawyer to go to bat for you in your time of need.

Brandon Baker

18/09/2022

Of course america, Mr trichter is the best lawyer I see ever .

Paris Pshouq

15/09/2022

I was referred to Mr. Trichter by a close family friend. Two of his family member had used him to represent them in their DWI case and were both very pleased with his work. After having Mr. Trichter represent me I can fully understand why. I can not express the amount of gratitude I have for him. He is an amazing attorney and the best at his job by far. But more then that he is an amazing person that truly care about his client. I will forever be great full for what he has done for me in helping me have my case dismissed. Thank you again Gary!!!

Luke Fritz

14/09/2022

Aaron White was very helpful and detailed. Explained things to me every step of the way and was able to get my case dismissed. Thank you very much!

Josh Reynolds

24/08/2022

I feel very fortunate to have selected Greg Houlton to represent me in my two DUI cases. My arrests occurred within three months of each other and I was sure I'd be facing jailtime, considering the circumstances of my arrests. It was a very difficult time and I was obviously struggling in my personal life. But within the first few minutes of meeting Greg, he made me feel very comfortable and insisted that I take care of myself, first and foremost, and let him deal with the legal proceedings. So that's what I did and Greg won both of my ALR hearings and got one of my cases dismissed. I received a year and a half of probation with no jailtime or significant fine. Greg by far exceeded my expectations and I couldn't be more pleased with the outcome. I can't say enough about Greg and his professionalism and the calming effect he had on me throughout this stressful period.

01/08/2022

Don’t think about it twice. If you need help with a DWI hire my man Leslie LeGrand!

Air Wreck

03/07/2022

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Multiple DWI convictions may not be your fault; could be a sign of deeper issues

October 28, 2020September 10, 2015 by Jim Slaton

713.524.1010

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(713) 524-1010

MULTIPLE DWI CONVICTIONS MAY NOT BE YOUR FAULT

It used to be in Texas that if you had a DWI that was beyond ten years old, that conviction could not be used against you in your current case to ratchet up the punishment.

But years ago, Texas changed that law so if you had an older DWI conviction whether it was ten, twenty–even thirty years ago, it can be used to make the punishment for your present DWI conviction much more harsh.

It can even change the grade of your current DWI offense to which you are presently being prosecuted.

You may have multiple DWI convictions because you may just be unlucky. After all, with increased efforts by law enforcement to deter drunk driving, it really doesn’t take much to get arrested.

As a criminal defense lawyer in Houston who is also a DWI Specialist by the National College for DUI Defense, I understand this all too clearly.

But if you have an issue with alcoholism, then we need to help you address that.

If we don’t first address your drinking problem, then you are more likely to come back with another DWI.

And neither we (as a community) nor the courts want that because we all drive the same streets you do.

So, as a responsible citizen and a law firm that cares about our clients welfare, we try to get our clients the help they need to address all the issues we can that caused their DWI arrests and help both legally and become a better member of our community.