If you are facing charges for a third DWI in Richmond or elsewhere in Fort Bend County, you could face enhanced penalties if convicted. This is a felony charge that could come with a long license suspension and many years in prison. You want an aggressive Richmond third-offense DWI lawyer on your side who has a clear understanding of the charges you face and how to develop a legal strategy that gives you the best chance to clear your name.
Since 2009, Richmond DWI lawyer Jay Cohen has represented those who face serious accusations and need help getting the best possible outcome in their cases. Our team is here for you. Contact us today for a confidential consultation.
Our Richmond Third-Offense DWI Attorney Knows the Severity of This Charge
When an individual faces a third DWI offense, the charges are based on Tex. Penal Code § 49.04, the state’s DWI law, and § 49.09(b), which defines enhanced offenses and penalties. Under these laws, a third DWI offense is automatically treated as a third-degree felony. This is true even if no one was hurt and there was no property damage.
In Richmond, like much of Texas, local prosecutors aggressively prosecute these cases. Judges can be especially tough on repeat offenders, handing down severe consequences. If you face these charges, you want to ensure you have the best possible defense strategy to fight them. Our Richmond criminal defense lawyers are here for you.
What Penalties Are Possible If Convicted of a Third-Offense DWI in Texas?
A third DWI conviction comes with mandatory minimum sentencing under Texas law. Texas Penal Code § 12.34 outlines the potential penalties for a third-degree felony conviction, including:
- 2 to 10 years in prison
- Up to a $10,000 fine
You also face:
- Driver’s license suspension for up to 2 years
- Ignition interlock device installation
- Community service
- Mandatory alcohol education and treatment programs
A third DWI conviction also leads to many collateral consequences as a convicted felon. This could include the loss of professional licenses, difficulty finding housing or employment, and restrictions on firearm ownership.
Why Choose Blass Law for Your Richmond Third Offense DWI Case?
Attorney Jay Blass Cohen is a DWI criminal defense attorney who has the knowledge, education, and skill to fight to clear your name. Unlike many other lawyers, he’s never spent time as a prosecutor. He has always been dedicated to clients and helping them clear their names. Whether you made a mistake or are entirely innocent of the charges against you, Blass Law is here for you.
Our attorney has experience and education that could benefit your DWI case. This includes:
- Certification as an ACS-CHAL Forensic Lawyer-Scientist
- Certified in forensic chromatography for both alcohol and drugs
- Is a Standardized Field Sobriety Testing instructor and practitioner
Being charged does not mean you are guilty. Our Richmond third-offense DWI lawyer will develop a strong case strategy to get the best possible outcome in your case. We understand we are fighting for your future. Review our case results to learn how we won cases for previous clients.
What Are Some Legal Strategies Our Richmond Attorney Might Use for Fighting a Third DWI Charge?
Facing arrest and charges of a third DWI does not mean you will be convicted. There are still effective defenses available. Every case is different, but our Richmond third-offense DWI attorney will analyze the details of your arrest and exploit flaws in the state’s case.
Some possible strategies include:
Challenging the Traffic Stop
Was there a valid legal reason for the stop? If the officer lacked a valid reason to stop you, the court could dismiss the case. Other key evidence might be thrown out if they violated your rights during the stop or your arrest. This could cause the case to falter.
Questioning Field Sobriety or Breath/Blood Tests
Field sobriety tests are subjective and often improperly administered. Breath and blood tests can be flawed due to equipment malfunction, contamination, or human error. Our attorney has extensive education and certification on these tests and can challenge the results in court when necessary.
Fighting Prior Convictions
To enhance a DWI to a felony, the prosecution must prove the prior convictions are valid. In some cases, old convictions may be excluded if the circumstances support this. We can build a strong argument to explain why in detail.
Negotiating for Reduced Charges
In some cases, it may be possible to negotiate for a reduction to a misdemeanor DWI or an alternative disposition, particularly when prior convictions are old, from another state, or questionable.
Why You Should Contact Our Richmond Third-Offense DWI Attorney Today
If you face a third DWI charge in Richmond, TX, you need to act quickly. Law enforcement and prosecutors begin building their case as soon as they stop you. You want your attorney to begin working on your defense quickly, too. Our team can:
- Preserve Evidence: Surveillance footage, witness statements, and other evidence may only be available for a limited time. You want to preserve key evidence now before it disappears or is lost.
- Protect Your Rights: Police and prosecutors may try to get statements from you that hurt your case. Our lawyer will ensure you do not say anything that can be used against you.
- Sometimes, We Can Stop the Charges: Under some circumstances, you might never face charges. If your attorney identifies a reason why the allegations against you are false or weak, we may take it to prosecutors and prevent the charges from ever occurring.
- Start Building Your Defense: The sooner our attorney investigates the case, the more opportunities we have to identify weaknesses in the prosecution’s case. This could mean a stronger defense and a better chance at clearing your name.
Discuss Your Richmond Third Offense DWI Case With Our Team
A third DWI charge is a felony with severe consequences. However, a charge is not the same as a conviction. If you or someone you care about is facing a third DWI in Fort Bend County, call Blass Law today. Our Richmond third-offense DWI lawyer offers confidential consultations and will discuss your legal options and how we can help.