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Drunk driving penalties increase greatly for third offense

| Jul 11, 2018 | Criminal Defense |

When a drunk driving offense in Texas is accompanied by an accident with property damage and/or injuries, the punishment for a conviction is enhanced. Other factors that will increase the penalties for drunk driving are a high blood alcohol content, prior convictions and other miscellaneous considerations. Some of these factors will play into the handling of an arrest for DWI on July 7 in Harris County of a 41-year-old male suspect.

Sheriff’s deputies arrested the man for allegedly crashing his car into a house while drunk driving. The vehicle crashed into the front of the home and caused extensive damages, according to authorities. Deputies say that they administered a field sobriety test, which the suspect allegedly failed. The blood alcohol content is unreported, but it could be critical in determining whether the man was actually intoxicated at the time of the accident.

Authorities also report that this was the suspect’s third offense for drunk driving in Texas. A third conviction for DWI is a third-degree felony that carries a two- to 10-year term of imprisonment in state prison. Other penalties on conviction can include a DWI educational course, community service, rehabilitation programs, and the mandatory use of an ignition interlock device, and a probationary period after release.

The convicted offender will also face driver’s license suspension from 180 days to two years. In this case, if the evidence is overwhelming and a trial would be counter-productive, the suspect’s criminal defense attorney will negotiate with the prosecution for the best sentence possible under the circumstances. The prior experience of the attorney in dealing with the prosecution, the working relationship between them, and the attorney’s experience in drunk driving prosecutions in Texas will be a valuable asset for the accused with respect to obtaining the best terms possible.