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

San Antonio, TX |

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


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 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.


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.


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.
Austin DWI Lawyer

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,

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