Q: Charged with 3rd dwi with a prior felony evading 20yrs ago. What are the odds of probation in texas? Last dwi 2003
A: It depends on what county you are in. There is always a chance you can get probation. Retain a lawyer to assist . If you have a drinking problem start going to AA.
If it is a true 3rd DWI, then your chances would normally be pretty good to get probation across Texas. This is assuming there were no extenuating circumstances like evading, threatening the officer, involvement in a crash, etc.
The prior evading adds many variables. If you went to prison for the charge, then it's possible it can enhance your DWI to be punished as a second degree. If so, prosecutors might be less likely to offer probation. If it was a probation you completed successfully, then it won't likely have an impact on their decision, although you can never say for sure.
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