Houston, TX asked in DUI / DWI for Texas

Q: Can my 3rd degree felony DWI charge be reduce Class A misdemeanor?

I am being charged with a 3rd degree felony. It is the third time I have been stopped for a DWI. With the first two I was only convicted for one. Is there a chance that the felony can be reduced back to a Misdemeanor during trial?

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3 Lawyer Answers
Jose A. Ceja
PREMIUM
Jose A. Ceja
Answered
  • DUI & DWI Lawyer
  • Houston, TX
  • Licensed in Texas

A: A DWI third can be reduced to a Class "A" misdemeanor. This isn't uncommon at all. It will help if you don't have significant criminal history and lawyer has a good plan for attacking the evidence. Often, you won't get an offer like this unless your lawyer is willing to set the case for trial.

Your question was whether it can be reduced "during" trial. It can be if the State can't prove your priors. The State must prove during your trial that you have two prior DWI convictions.

1 user found this answer helpful

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
Answered
  • DUI & DWI Lawyer
  • Houston, TX
  • Licensed in Texas

A: Yes .there is a chance . You need to hire a lawyer

Benson Varghese
Benson Varghese
Answered
  • DUI & DWI Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: Absolutely there's a chance. If you have only one conviction this should be a misdemeanor.

1 user found this answer helpful

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