A third DWI allegation can expose a defendant to felony prosecution and the possibility of imprisonment. Texas law treats certain repeat intoxication offenses more severely because of qualifying prior convictions. However, the state must prove both the new DWI allegation and the convictions used to enhance the charge. At The Law Office of Alex Tyra, P.C., we review these cases carefully because a felony conviction can affect employment, professional licensing, firearm rights, and other important aspects of a person’s future.

Third-Degree Felony DWI

Under Texas Penal Code § 49.09(b), a qualifying DWI offense generally becomes a third-degree felony when the defendant has two prior convictions for qualifying intoxication-related offenses.

Texas Penal Code § 12.34 provides a punishment range of two to ten years’ imprisonment and a possible fine of up to $10,000 for a third-degree felony.

Other circumstances or statutory provisions may affect the charge or punishment.

Reviewing Prior Convictions

The prosecution must establish that the prior offenses qualify under the enhancement statute and are attributable to the defendant.

We examine judgments, identity evidence, and relevant court records. When an alleged prior conviction is legally insufficient for enhancement, that issue may affect the classification of the new charge.

Defending Against Felony DWI

We also challenge weaknesses in the current prosecution, including unlawful traffic stops, unreliable chemical testing, and unsupported allegations of intoxication.

The severity of the potential punishment does not reduce the state’s burden of proving the charge beyond a reasonable doubt.

Call The Law Office of Alex Tyra, P.C. for Your Free Consultation

If you have been charged with felony DWI in Longview or East Texas, obtaining legal advice promptly is important. Call The Law Office of Alex Tyra, P.C. at (903) 753-7499 for your free consultation.