McKinney, Texas Third-Time DWI Lawyers

Attorneys Defending Against Felony Charges for a Third DWI Arrest in McKinney

While charges of driving while intoxicated (DWI) are always serious, a third arrest for drunk driving will move a case into a different category of offense. While a first-time DWI or second-time DWI will typically be prosecuted as a misdemeanor, a third DWI charge will be classified as a felony. A conviction will typically result in an extended sentence in a state prison and other consequences that will affect a person's life and future.

A person who has been arrested for DWI for the third time will need to make sure they have representation from an attorney who understands the unique procedures, stakes, and defense strategies involved in felony-level cases. The lawyers at Texas Defense Firm represent people in McKinney, throughout the Dallas/Fort Worth area, and in other parts of North Texas who are facing felony DWI charges. We can help clients build effective defenses against these charges to help prevent felony convictions and reduce the ways their lives may be affected.

Why a Third DWI Charge Is Prosecuted as a Felony

A person's history of prior convictions will determine the severity of new DWI charges. A DWI offense is classified as a third-degree felony if a person has two previous convictions for driving a motor vehicle while intoxicated or operating a boat or aircraft while under the influence of alcohol or drugs. There is no time limit that will determine whether previous DWI convictions will be considered. A conviction from decades in the past will be treated the same as a conviction that took place one year ago.

A felony DWI charge will depend on proving that there are two qualifying convictions that took place in the past. The prosecution must establish those prior convictions through court records showing the identity of the person, the offenses that occurred, and valid convictions. Older case files, including those from other states, may contain errors or incomplete information. If the prosecutor cannot prove that there were two previous convictions, a person may be able to avoid felony DWI charges.

Penalties for a Third-Time Felony DWI Conviction

A third-degree felony carries a punishment range of two to 10 years in a state prison, along with a fine that may be as high as $10,000. The penalties a person may face will be much more serious than the county jail sentences that may apply following a misdemeanor DWI conviction. Judges are likely to treat defendants harshly because they will be perceived as repeat offenders.

Certain aggravating circumstances can push a prison sentence toward the higher end of the range. A blood alcohol concentration of 0.15 or higher, an accident that resulted in injuries to someone else, or the presence of a child passenger in a person's vehicle may lead to an enhanced sentence.

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Why It Is Critical to Defend Against a Felony Conviction

A conviction for a felony offense can change a person's life in many ways. A felony conviction will show up in background checks, and it will lead to a series of collateral consequences that will continue long after a person has served a prison term or completed a period of probation.

A felony DWI conviction will result in the loss of certain civil rights. In Texas, a person who has been convicted of a felony will lose the right to vote until their sentence, including any term of probation or community supervision, has been fully completed. A felony conviction will also lead to firearm restrictions, and a person will be permanently barred from owning or possessing firearms. Violations of these restrictions could lead to federal weapons charges.

The employment and licensing consequences that can affect a person after a felony conviction can also be significant. Many professional licensing boards treat felony convictions as grounds for automatic review, suspension, or denial of a license. Employers that conduct background checks may learn about felony convictions, and they may be unwilling to hire a person who is considered to be a potential safety risk. A person's job opportunities may be limited, and they may struggle to find employment for years after their sentence has been served.

Because these consequences can affect a person for the rest of their life, mounting a strong defense against a felony DWI charge is essential. Failing to take these charges seriously or waiting too long to address a case may affect a person's opportunity to challenge weak evidence, negotiate a favorable resolution, or identify problems with documentation of prior convictions.

Legal Help in Third-Time DWI Cases

The attorneys at Texas Defense Firm take felony DWI charges seriously. We will closely examine the circumstances of an arrest for drunk driving, looking at whether a traffic stop was legal, how field sobriety tests were administered, and whether breath or blood tests may be challenged. We can review the proof of the prior convictions and determine whether flaws in documentation may affect a charge for a third-time DWI.

Our team will identify all available options to ensure that a client can achieve a favorable outcome in their case. If necessary, we may take steps to negotiate for reduced charges, present mitigating evidence to advocate for more lenient penalties, or take steps to prepare for a criminal trial and defend against a conviction. We understand the fear and uncertainty that people may experience in these situations, and our team will provide steady, compassionate guidance throughout the process while making sure our client's rights are protected.

Contact Our McKinney, TX Third-Time DWI Attorneys

A felony charge for a third-time DWI is a serious matter. Because of the long-term consequences a person may face, a strong defense is essential. At Texas Defense Firm, our attorneys have the experience needed to address these charges and defend against felony convictions. Contact our McKinney third DWI defense lawyers at 972-369-0577 to set up a free consultation.