Q: My husband was arrested in August and they classed it as a 2nd dwi misdemeanor. The judge released him on a pr bond
The next day due to not enough evidence. Now he has an appearance on March 23 and they have it as a 3rd or more dwi third degree felony. His last 2 dwi a were in 03 and 04. He has served a 2 yr and an 8 yr prison sentence for assault charges. Can they revoke the or bond? He went ant got a blow device on car and quit drinking married me and is working a great job and we have 5 daughters that need him. Is there anyway he could get off on probation? We're in Collin County in TX
A: If your husband is currently on a PR bond then he will have to appear in court to answer for his charges. If he has two or more prior DWI convictions, then a subsequent DWI arrest should be filed as a DWI - Third or More. This is a Third Degree Felony. If he has previously been to the pen once, even on two charges, then the State can increase this punishment range to a Second Degree Felony. If he has been to the pen twice, on two separate cases, then the State can increase this punishment range to a Habitual Offender; 25 years to Life. However, as scary as the punishment range may be, it doesn't make the facts of this particular case stronger. If the facts are weak, you will need a DWI expert to fight for your husband's case. You can learn more about what the State has to prove in DWI cases by reading this article: https://www.versustexas.com/fort-worth-dwi-lawyer/. Good luck!
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