What's an expected plea on DWI Fel/3

[mrbishop2007]

What is the name of your state (only U.S. law)? Texas

I know this is just speculation, but is there any way that someone could NOT see jail time for Driving While Intoxicated/Felony 3 count? There's something set for "Plea" in August, and I want this person to do JAIL time this time. I'm just wondering what their chances are of NOT seeing jail time for a 3-count DWI (not DUI, DWI).

Thanks

[BigMistakeFl]

Prison, not jail, for a term no less than two years.

[CavemanLawyer]

If they've never been convicted of a felony before then they are probation eligible. So yes it is possible they could receive probation. Things that could justify probation are a young(er) defendant, little to no criminal history other then the two prior felonies, and most importantly the strength of the evidence. If it is a weak case the State may offer probation just to secure the conviction.

But if granted probation, statute requires that they serve a minimum of 10 days county jail as a condition of the probation, and he can be ordered to serve up to 180 days either as part of the plea or the judge can add it later. To to strictly answer your question, no if the case pleads as a DWI 3rd they must do some jail time but it could potentially be as little as 10 days.

[mrbishop2007]

To answer the question, public records show he has a record for burglary of a building, a state jail felony in texas. This is his third DWI. I can't see the burglary because it's sealed from public view. He's almost 29.

So, based on that, doesn't sound like there's much of a chance of probation then?

And how in the WORLD is this guy driving around? Is there any way his license could NOT be suspended right now?

[JOliver]

The real question is:

Why are you minding somebody else's business?

[mrbishop2007]

Originally Posted by JOliver

The real question is:

Why are you minding somebody else's business?

Actually no, that is NOT the real question. For the real question, see above.

If anyone has any answer please let me know, thanks

[CavemanLawyer]

If he was convicted of the burglary then no he is not probation eligible on the DWI. If he got deferred adjudication and completed it successfully, then technically he is still eligible for probation. Based on his history probation does not seem likely... but the unwritten rule of a prosecutor is that you prosecute the case not the defendant. The Defendant can be deserving of the harshest prison sentence possible, but if you can't prove the case it doesn't matter, you plea it to whatever you can. Plenty of DWI 3rd cases get reduced to misdemeanor 2nd DWIs. Why? The sad reality is that after being convicted twice for DWI's, these people learn how to beat a case. They learn not to do any standardized field sobriety tests and to refuse the breathalyzer. They know how to make a tough case for the State.

So there really is no answer to your question. It depends on...everything about the case.