Houston, TX asked in DUI / DWI for Texas

Q: Can I be convicted of a third degree felony on a second DWI conviction?

I am being charged with a third degree felony DWI.

With my first two charges I was only convicted of one. Can they convict me of a felony even though I only have one CONVICTION on my record?

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1 Lawyer Answer
Jose A. Ceja
Jose A. Ceja
  • DUI & DWI Lawyer
  • Houston, TX
  • Licensed in Texas

A: If no special aggravating circumstances are being alleged (for example, that someone was seriously injured in an accident resulting from your alleged DWI), and you are charged with regular DWI, then the State needs to prove that you have two prior CONVICTIONS. You can be charged with third-degree felony intoxication assault even if you have no priors.

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