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Third DUI tx with child and tdc convictions dwi 29 yrs aprt third tdc conviction

Sherman, TX |

last two were mont apart

Attorney Answers 3


Thank you for your question. Unfortunately, the details of what happened to the prior cases and when and in what order things happened is critical to an evaluation of the situation you describe.

However, in the spirit of avvo being a source of general information about the law, here is some general information. For application to your situation, you really do need to seek the advice of a competent criminal defense lawyer that you can sit down with and discuss things.

Now, the general information:

[1] Under Texas DWI law, there is no time limit on how far back a prosecutor can go for prior DWI convictions, even convictions that were probated sentences, to get the priors to make a current DWI charge a felony. So, a person with at least 2 prior DWI convictions in any order, even on the same day, will be facing a felony DWI if they get another in Texas.

[2] DWI with a child in the vehicle younger than 15 is always a felony unless it is charged with no enhancements and gets reduced to a misdemeanor under Penal Code Section 12.44.

[3] If a defendant has two TDC trips in habitual order - typically get one and go down, come back and get another and go down again, then come back and get the current charge - that defendant can be charged as an habitual criminal.

Again, you really need to discuss your situation with a good criminal 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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Your question needs a little more information. If you have two prior convictions of a DWI in texas then the third is a felony. Additionally, if you have a DWI with a child, no matter how many priors, it is a felony. However, if you are telling us you received two of your three within the last two months, and your first was 29 years ago, then you cannot be charged with a felony DWI 3rd because you do not have two convictions.

Similarly, if you're asking for help regarding what you're looking at for punishment, then again the question needs more information. Most prosecutors, judges, and jurors base the offer/punishment on the facts of the specific case and prior criminal history. With your history, multiple DWI and multiple felonies, judges and jurors will not be too happy and likely will look for a harsh punishment.

No matter what, consult a good defense lawyer in your area.

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See my answer to your previous question.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

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