A Basic Guide To Your 4th DWI In Texas
The first and second DWI offenses will generally be classed as a misdemeanor with only a few exceptions. Generally, a first-time offense will be a Class B, and the second offense a Class A misdemeanor. The penalties faced by people in Texas will be determined in part by whether or not the person has been convicted of a crime in the past. It is important to know what potential punishments and penalties will be faced if you are looking at a third or fourth DWI offense. A Houston DWI Lawyer at our firm is available to speak with you about our case. Make sure to reach out immediately.
2nd Degree Felony
A fourth-time offender who has served a single penitentiary incarceration in the past could face a second-degree felony instead of a third-degree one. This will carry a potential fine of up to $2,000 and a suspended driver’s license for up to 2 years. There is also a potential surcharge of $1,500 a year for 3 years. An enhanced felony will be worse for a fourth-time offender and will generally be handed to people who have served 2 prior penitentiary incarcerations. The punishment for this felony will include a fine of up to $10,000 and 25 years to life in prison. There will also be a 2-year license suspension and a $1,500 surcharge per year for 3 years. If the offender has served time in Texas for a previous DWI offense, they could face even harsher punishment for their fourth conviction so it is crucial to contact a Houston DWI Lawyer for legal assistance.
3rd Degree Felony
When faced with a third offense or higher, the charge will generally be a third-degree felony. If you are charged with a fourth offense, you will generally be facing a third-degree felony charge. This type of charge will carry heavier penalties when compared with misdemeanors. The fourth time that a DWI offender faces these charges, the strict penalties will include:
• A fine of up to $10,000
• A state prison term of 2 to 10 years
• The suspension of their driving license for a period of 100 days to 2 years
• A surcharge of $1,500 per year for a period of 3 years
Fourth DWI Offense
The law in Texas does not provide an increased punishment after the third DWI offense. If you are facing the fourth offense or higher, the typical punishment will be penitentiary confinement for a period of 2 to 10 years. This will be without the possibility of probation. There are some situations where SAFP may be granted when properly requested and it has been shown to be appropriate. Being arrested multiple times for driving while intoxicated in Texas comes with very serious consequences. Anyone who is facing their third or more arrest will generally be looking at a felony offense if they are convicted. Almost all of these types of cases will be pursued as a felony instead of a lesser misdemeanor when there is a history of these offenses. The penalties for a 4th offense will generally include:
• A fine of up to $10,000
• A state prison term of 2 to 10 years
• A driving license suspension of up to 2 years
• An annual surcharge of $2,000 for the 3 years following the arrest to keep your license
• A DWI intervention program
• An ignition interlock device is installed in your vehicle which requires you to blow into a breathalyzer before the car will start
If the device has been installed, the car will not start unless the alcohol content detected is well below the legal limit. The DWI intervention program is for repeat offenders in Texas and will include a general education program. The general education program will generally be used by first-time offenders and requires less time to complete. If you have multiple DUI/DWI offenses you may want to consider reaching out to the Butler Law Firm for help.
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