3rd DUI while on felony parole in Texas

[tejasamiga]

What is the punishment for getting arrested for 3rd DUI while on felony parole?

 

[FlyingRon]

A third DUI, whether you are on parole or not, is a third degree felony that's good for two to ten years. Another conviction (or even perhaps the arrest) will likely be a parole violation which may cause him to be returned to prison for the conviction for which he was on parole.

 

[quincy]

What is the punishment for getting arrested for 3rd DUI while on felony parole?

Does this person have an attorney? If not, he should have one.

Any violation of the conditions of parole (and a DUI would violate the conditions of parole) can lead to a revocation of parole and a return to prison on the original charge to serve out the sentence (with no credit given for time on parole) plus additional time to serve for the violation and new charge.

 

[tejasamiga]

A third DUI, whether you are on parole or not, is a third degree felony that's good for two to ten years. Another conviction (or even perhaps the arrest) will likely be a parole violation which may cause him to be returned to prison for the conviction for which he was on parole.

There was an arrest, however, the person arrested was held in

Does this person have an attorney? If not, he should have one.

Any violation of the conditions of parole (and a DUI would violate the conditions of parole) can lead to a revocation of parole and a return to prison on the original charge to serve out the sentence (with no credit given for time on parole) plus additional time to serve for the violation and new charge.

I do not know if she has an attorney or not. She violated with 3 months left on her parole. She was arrested in Collin County and picked up at her parole office and sent to Dallas County. Apparently she was held there too long and was released from parole on this technicality. I'm curious to know if this will affect her chances of getting probation or if she will go back to prison.

 

[Just Blue]

There was an arrest, however, the person arrested was held in

I do not know if she has an attorney or not. She violated with 3 months left on her parole. She was arrested in Collin County and picked up at her parole office and sent to Dallas County. Apparently she was held there too long and was released from parole on this technicality. I'm curious to know if this will affect her chances of getting probation or if she will go back to prison.

Who are you in this situation?

 

[quincy]

There was an arrest, however, the person arrested was held in

I do not know if she has an attorney or not. She violated with 3 months left on her parole. She was arrested in Collin County and picked up at her parole office and sent to Dallas County. Apparently she was held there too long and was released from parole on this technicality. I'm curious to know if this will affect her chances of getting probation or if she will go back to prison.

I don’t know what her chances are of having her parole revoked and being returned to prison to serve out her sentence ... but I imagine the odds are not in her favor.

She needs to speak to her attorney.

 

[tejasamiga]

Who are you in this situation?

I am a concerned friend.

 

[Just Blue]

I am a concerned friend.

Friends should not post online about their friends ongoing criminal cases.

 

[tejasamiga]

Friends should not post online about their friends ongoing criminal cases.

My apologies. I felt like this was okay since I did not and would not mention her name.

 

[Just Blue]

My apologies. I felt like this was okay since I did not and would not mention her name.

It is always better for the accused to only discuss her case with her attorney. It should never be discussed online, with friends, lovers or family. Her attorney would agree with me.

 

[tejasamiga]

It is always better for the accused to only discuss her case with her attorney. It should never be discussed online, with friends, lovers or family. Her attorney would agree with me.

Thank you for correcting me.

 

[Just Blue]

Thank you for correcting me.

You're welcome.

 

[quincy]

My apologies. I felt like this was okay since I did not and would not mention her name.

It is fine to seek out information to educate yourself or to sate your curiosity. I just am not sure how helpful any information we can provide will be to you as all facts need to be known - and you do not have access to all of the facts.

A public forum is rarely the best place to discuss the specifics of a legal matter anyway. What is disclosed in the way of personal facts can compromise an active case.

Your friend needs to rely on her attorney.

 

[CavemanLawyer]

As mentioned above, a DWI 3rd or more is a 3rd degree felony punishable up to 10 years in prison. If their parole gets revoked before the new DWI is resolved, however, then that prior charge can be used as an enhancement making the possible punishment up to 20 years. Theoretically a prosecutor could still offer probation in a plea or a judge could always give probation despite the prior felony conviction, but a jury could not give probation. Realistically, probation would not be a likely result but stranger things have happened.

 

[FlyingRon]

Any violation of the conditions of parole (and a DUI would violate the conditions of parole) can lead to a revocation of parole and a return to prison on the original charge to serve out the sentence (with no credit given for time on parole) plus additional time to serve for the violation and new charge.

Alas, the above is not true in Texas if they have served more than half of the underlying sentence (including time on parole). It appears based on the poster's comments that she "only had three months to go" that she probably had. In this case, Texas caps the time on the revocation to the time remaining (after subtracting the time on parole).