I had an issue with drinking about 15 years ago and within the span of about 5 months ended up pleading guilty to 2 separate DWIs. I cleaned myself up and quit drinking. Recently, I was out with an old friend and few drinks at dinner (for the first time in over a decade). After being pulled for speeding, I was arrested for a DWI. I am now charged with a felony, and am panicking. I will need to hire a lawyer. My questions in the meantime is, will I have to do jail time? I have red that jail time is a condition even if I am given probation for a 3rd DWI. Is this true? Can is be waived or something? Or, even if I get probation, am I stuck with jail time?
3rd DWI in Texas is an automatic felony. You will need to hire a criminal defense attorney to minimize the damage and to ensure the most favorable outcome. Probation is a possibility, but not if you go in there alone.
You can get probation and likely will assuming the driving facts are as you state. You may - may - be able to plead it down to a misdemeanor with the right lawyer.
Hire a lawyer and talk with the lawyer ASAP so the lawyer can handle your ALR matter and possibly save your license while doing discovery on the DWI case.
There is a requirement to serve ten days in jail as a condition of probation on a 3rd DWI (assuming you get probation, which isn't a given) and that requirement cannot be waived unless the case is dismissed. You need to hire an attorney.
The above answer does not constitute legal advice. You pay for legal advice; this is free.
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