What r the changes of getting habitual taken off a 3 degree felony DWI what options does he have

Asked 3 months ago - San Antonio, TX

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He did two years for a three DWI about 11 years ago then last year got another DWI which became a felony then when he was 16 years old he got his first felony with assault with a deadly weapon so all together that makes 3 felonies

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Attorney answers (3)

  1. Licensed in TX

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    Dallas DUI / DWI Attorney
    Contributor Level 19

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    Lawyers agree

    Answered February 22, 2013 18:33. Only the defense attorney working his case can tell you the chances of that. It will depend on the facts of his case, the DA assigned, which court he's in, and the work of his attorney.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Licensed in TX

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    San Antonio DUI / DWI Attorney
    Contributor Level 12

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    Lawyers agree

    Answered February 22, 2013 18:40. The habitual enhancement will turn a 3rd degree felony into a first degree felony. So he will go from an exposure of upto 10 years to an exposure of up to 99 years. It is possible to negotiate away the habitual enhancement (especially pre-indictment). So get an experienced criminal defense attorney retained pronto and focus on minimizing his exposure especially if he does not have any legal or factual basis to build a strong defense strategy upon.

  3. Licensed in TX

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    Austin DUI / DWI Attorney
    Contributor Level 17

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    Lawyer agrees

    Answered February 24, 2013 15:43. In any situation where someone is charged with a felony DWI, they need an experienced local DWI lawyer. There may be issues the attorney can use to try to get the habitual part waived.
    www.austincriminaldefenseattorney.com
    512-495-1813
    Austin DWI Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more

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