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Hi, I am waiting to go to court charged with my 3rd DWI 2013, My last DWI was in 1995, 18 years ago. What are my chances of no

San Antonio, TX |

jail time. probation, etc etc

Attorney Answers 4

Posted

I think you mean no prison time. A DWI 3rd is a felony. Only the attorney working your case can evaluate this for you. It will depend on your blood score, how your video looks, which DA is assigned, who your judge is, and any number of other factors. Interview a few attorneys who specialize in DWIs. They will know how to handle it.

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Posted

A chance of a DWI3rd defendant avoiding jail time depends on the facts of the case...a conviction for DWI 3rd carries a minimum stretch in county jail if there is a probation granted. But, it's also a charge that a defendant can get probation for if the defendant is otherwise probation eligible.

But, the real question you should be asking is whether the prosecutor can secure a conviction in your case. That is a question to discuss face to face with a competent DWI defense lawyer.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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Posted

Probation for a third DWI carries some mandatory jail time. The length of time between your DWI's is certainly a factor in your favor. You need an experienced attorney, particularly a member of the National College of DUI Defenders to represent you. There are many ways to challenge a DWI.
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

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Posted

I would be more interested in when your first DWI was. In order to get a conviction for DWI 3rd, they need to prove that you committed the other two. Not always an easy task for a prosecutor when judgments are old and records weren't kept then like they are now.

Ultimately, these are issues that you need to discuss with your lawyer that will know the specific facts of your specific situation.

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