Arrested for a Felony DWI Repetition or 3rd DWI charge (two prior convictions)? Hoeller McLaughlin PLLC offers experienced DWI attorneys who extensive experience fighting DWI charges in Tarrant County. All of our attorneys are former Tarrant County prosecutors, who have combined to try over 100 DWI specific jury trials. Our goal is a No Bill, dismissal, or a reduction on your DWI felony charge.
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TEXAS PENAL CODE | FELONY DWI ATTORNEY
If law enforcement arrested you for DWI and you have two previous convictions for DWI, then you are likely facing a 3rd Degree felony DWI, that has a range of punishment from 2 to 10 years in prison and up to a $10,000 fine. Here is the primary Texas Penal Code sections detailing what you are facing.
49.04 | TEXAS PENAL CODE | DRIVING WHILE INTOXICATED
(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
49.09 | TEXAS PENAL CODE | DRIVING WHILE INTOXICATED FELONY REPETITION
(b) An offense under Section 49.04, 49.05, 49.06, or 49.065 is a felony of the third degree if it is shown on the trial of the offense that the person has previously been convicted:
(1) one time of an offense under Section 49.08 or an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense under Section 49.08; or
(2) two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.
FELONY ALCOHOL INTERVENTION PROGRAM (FAIP) | SPECIALITY PROGRAM FOR FELONY DWI CHARGES
Tarrant County provides a Felony Alcohol Intervention Program (FAIP) for individuals charged with a Felony DWI and don’t have a solid legal defense to get the case reduced or dropped. This program can apply to repeat offenders who have been more than two prior DWI convictions.
Here is the synopsis of the program:
The Tarrant County Felony Alcohol Intervention Program (FAIP) is a post adjudication program for the high-risk repeat DWI offender. FAIP is designed to coordinate alcohol abuse intervention with judicial oversight, enhanced supervision and individual accountability. FAIP provides consistent and lengthy structure allowing the offender to benefit from the treatment experience. FAIP is the best vehicle within the criminal justice system for expediting the time between arrest for DWI and entry into treatment. It is designed to divert offenders out of the traditional criminal justice process and into appropriate rehabilitative alternatives.
CALL A TARRANT COUNTY DWI ATTORNEY TODAY TO HELP BUILD A STRONG DEFENSE
If you or a loved one is facing a felony DWI charge, you need an experienced and highly reviewed Felony DWI lawyer to not only help fight the charge, but also help with any driver’s license suspension, to assist with getting treatment or get admitted to the Felony Alcohol Intervention Program (FAIP), and to make sure you are getting the best outcome on your felony DWI.
Fortunately, there are many ways to challenge a DWI arrest, and it’s important that your Fort Worth DWI attorney understands how your case can be challenged.
Whether it’s your first DWI or you’re a repeat offender facing felony charges, you need a DWI attorney in Fort Worth who will fight for your future. At Hoeller McLaughlin PLLC, we provide aggressive representation and will do everything we can to get your case dismissed or charges reduced.
If you would like more information about a Fort Worth DWI lawyer that gets results, call 817-334-7900 or fill out our online contact form.