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3rd dwi sentence?

San Antonio, TX |

my dad got his 3rd dwi about a week ago, his second one was back in 1992 and first in 1991. what kind of time might he be serving? he was in a car accident with no injuries just a bump. no open containers. the officer smelled some alcohol and took him in to do the test.

Attorney Answers 3

Posted

It's too early to answer your question. Several possibilities exist that could help your father. The best would be an aggressive defense that result in the charges being dismissed or reduced, maybe even an acquittal [not guilty]. Probation for a DWI 3rd requires at least 10 days in jail and a long term of probation. An immediate question is whether your father must install an interlock device, so some research on that question may be worthwhile.Encourage your father to get a very experienced attorney who focuses on DWI law immediately!

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Posted

yes he does need an interlock device

Posted

Completely agree with Gene. There are not enough facts here to guide you as to what could happen. Your dad needs to contact an experienced DWI attorney to assess the case and determine what is the best course of action to pursue.

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Posted

Your father was recently arrested for a 3rd offense DWI. The previous two DWI cases were in
'91 and '92. In this case, there was a minor accident with no injuries. You ask what your father's sentence might be.

A DWI 3rd offense is a 3rd degree felony carrying a range of punishment from 2 to 10 years in the pen, and a fine not to exceed $10,000. The sentence may be probated. The fine may be probated as well, but I can't recall seeing that on a DWI 3rd offense. In the Dallas area, it's not unusual to get 5 years probation on a 3rd offense with a $2,500 fine, especially if there were no injuries and the most recent prior offense is some 20 years ago.

Having said that, some felony DA's will offer to reduce the charge to a misdemeanor DWI rather than do a jury trial, especially so if the case against your father isn't real strong. If your father has no felony convictions, a jury has the option of giving him probation instead of pen time, if the DA won't offer it.

Hire a good attorney and push it to trial unless you get a deal you can live with!

Best of luck to you and your father!

This answer is for general purposes only, and is no subsitute for specific legal advice that would come from an attorney hired by you, having full knowledge regarding the facts and circumstances of your individual situation. This correspondence does not create an attorney-client relationship, and you should consult with one or more attorneys prior to acting on any of the information provided in this response.

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