Houston DWI Attorney

Third Offense:

Up to a $10,000 fine for a third offense DWI
2 to 10 years in the state penitentiary
Driver's license suspension: 180 days to 2 years

COMMUNITY SUPERVISION (PRBATION):

If you are convicted of a third DWI there are situations where you are eligible for community supervision (probation) and some where you are not. If you are eligible for community supervision the term must be from 2 to 10 years. The courts will look at many factors in determining if you get community supervision. Some of these factors are: How long has it been since your last DWI? If you previously had a probation how did you do on that probation?(did you ever violate a condition of the probation?) How severe are the facts of the new case? Was there an accident? If you took the test how high was you alcohol concentration? Any aggravating factors?.

The following conditions of probation will likely be required if a person is granted probation for a felony DWI. (In addition to the ones required for a class A misdemeanor.)

Community service hours rise to 160 to 600.
You must serve jail time as a condition of probation. (The minimum time is ten days and the maximum is 180 days.) THERE IS NO WAY AROUND THIS, ALTHOUGH WE MAY BE ABLE TO NEGOTIATE WEEKEND SERVICE.
There are various types of alcohol treatment programs that a judge can require. These range from inpatient treatment to out patient treatment.

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INTOXICATED ASSAULT: THIRD DEGREE FELONY

An intoxicated assault is when a person is guilty of DWI and also CAUSES serious bodily injury to another person.
(Serious Bodily Injury: is defined as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.)

Up to $10,000 fine
2 to 10 years in the state penitentiary
Drivers license suspension: 180 days to one year

COMMUNITY SUPERVISION (PROBATION):

Community supervision (Probation) is legally available for some intoxicated assault cases. The severity of the injuries as well as prior record of the accused will be important factors on whether or not a person gets probation.

The following conditions will likely be required if a person is granted probation for an intoxicated assault. (In addition to those for a DWI):

You must serve jail time as a condition of probation.( A minimum of 30 days and a maximum of 180 days.)
There must be from 160 to 600 hours of community service.
There are various types of alcohol treatment programs that a judge can require. These range from inpatient treatment to outpatient treatment.

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INTOXICATED MANSLAUGHTER: THIRD DEGREE FELONY

A person is guilty of intoxicated manslaughter if the person is guilty of DWI and by reason of that intoxication causes the death of another person either by accident or by mistake.

Up to $10,000 fine
2 to 20 years in the state penitentiary
Drivers license suspension: 180 days to 2 years

COMMUNITY SUPERVISION (PROBATION):

Community supervision (Probation) is still a legal possibility in some intoxicated assault cases, but is very difficult to get. Intoxication manslaughter has become one of the most public crimes in DWI defense. Family members of the victim are usually involved in any plea negotiations and they usually want a very severe punishment. More times than not if you want community supervision you will have to try your case to the jury.

If a person receives probation the following conditions apply. (In addition to the conditions of a felony DWI.)

You must serve jail time as a condition of probation. (A minimum of 120 days and a maximum of 180 days.)
There must be 240 to 800 hours community service.

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