People who are charged with DWI in Texas and have one or more prior drunk driving convictions are facing a very serious situation. Even a second offense can result in up to a year in jail and fines of up to $4,000. A third offense is a felony and can result in a state prison sentence of two to 10 years, plus a $10,000 fine. Police and prosecutors take these cases very seriously and generally aim for the maximum possible penalties.
Individuals arrested on repeat DWI charges need a defense as aggressive as the prosecution they will face. There are a number of ways to fight multiple-offense drunk driving charges in Texas, and the right approach may be able to get the charges reduced or even dismissed altogether.
At the Law Offices of Jed Silverman, we are committed to protecting the rights of individuals facing repeat drunk driving charges. One of the first things we will do in any multiple-offense case is carefully review the client's prior record to determine whether any of the prior arrests or convictions were invalid or if prosecutors are counting prior offenses that should not be the basis for an enhanced charge.
We may also be able to aggressively challenge the evidence supporting the current charge. Field sobriety tests, like the walk and turn and one-leg stand, are not reliable indicators of intoxication for many people. Errors in conducting breath or blood tests may invalidate the test results. If police failed to follow proper testing procedure or failed to properly calibrate the testing equipment, the evidence can be thrown out and with it the prosecution's case. There is more information about how we attempt to help those charged with repeat DWI on our Repeat DWI / Felony DWI web page.