Parker County - TX
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Monday – 9AM to 5PM
Tuesday – 9AM to 5PM
Wednesday – 9AM to 5PM
Thursday – 9AM to 5PM
Friday – 9AM to 5PM
Saturday – Closed
Sunday – Closed
Law Offices Of Richard C. McConathy
Texas state law is more forgiving with a first or even second driving while intoxicated (DWI) offense, but the penalties quickly accelerate the moment a person is arrested for a third or subsequent offense. A third DWI is automatically a third-degree felony, which makes a case take on a whole new perspective after being misdemeanors for the first two offenses.
A felony DWI conviction has the potential to cause a host of problems that can relate to driver’s licensing to employment to housing. It is important for anybody accused of one of these crimes to take every step necessary to protect their freedom.
Were you arrested for a third or subsequent DWI offense in Parker County? Do not wait to seek the help of a criminal defense lawyer today.
The Law Offices of Richard C. McConathy regularly handles DWI cases all over North Texas and has years of experience defending people who are alleged repeat offenders. We will be able to sit down with you and go over everything you are dealing with when you call (817) 458-3226 or contact our firm online to set up a free consultation.
Under Texas Penal Code § 49.04, a person is guilty of DWI in Texas if they operate a motor vehicle in a public place while intoxicated. If a person was previously convicted of a DWI offense, they may face enhanced penalties under Texas Penal Code § 49.09(a).
While a first-time DWI offense with no aggravating circumstances is most often a Class B misdemeanor and a second DWI is usually a Class A misdemeanor, a third or subsequent DWI is charged as a third-degree felony. Police officers, sheriff’s deputies, or Texas Highway Patrol officers may use chemical tests, such as breath tests, blood tests or urine tests to determine a driver’s alcohol concentration (also known as blood-alcohol content, or BAC).
A driver may refuse a DUI test, but under Texas’ “implied consent” law (Texas Transportation Code § 724.011), a test refusal results in a driver’s license suspension of at least 180 days and up to two years. A suspension may be appealed through the Administrative License Revocation (ALR) process, but a hearing must be requested within 15 days of the arrest.
Texas defines a “motor vehicle” as “a device in, on or by which a person or property is or may be transported or drawn upon a highway, except a device used exclusively on stationary rails or tracks,” such as railroad cars. Motor vehicles include cars, trucks, motorcycles, boats, water scooters, airplanes, helicopters and even riding lawn mowers, but not trains.
In addition, a person must have “actual physical control” of a vehicle in order to be “operating” the vehicle.
“Intoxicated” is defined under the Texas Penal Code § 49.01(2) as:
Under Texas P.C. § 49.01(1), “alcohol concentration” means the number of grams of alcohol per:
In order for the State of Texas to convict a person of a third (or subsequent) DWI, a judge or jury must find that a person:
A third or subsequent DWI conviction in Texas may result in substantial criminal and civil penalties. A felony DWI conviction may result in:
A previous felony conviction may result in a longer prison sentence for a new felony conviction because the offender may be declared a habitual felony offender. Texas Penal Code § 12.42(d) states that an offender who was convicted of any third-degree felony or higher for the second time may be punished by a term of life or up to 99 years in prison, with a minimum of 25 years imprisonment.
This means that an offender charged with his or her first felony DWI charge could possibly be sentenced to life in prison if he or she has a previous felony conviction, even if none of them involved drinking and driving.
Under the Texas Transportation Code, Title 7, Subtitle B, Chapter 521, a three-time DWI offender is also required to install, at their own expense, an “ignition interlock device (IID). An IID is a deep-lung breath analysis mechanism that makes it impossible to start a vehicle without first providing an alcohol-free breath sample. (An IID is also sometimes called a deep-lung device, or DLD.)
An IID is typically a handset with a blow tube connected to a vehicle’s ignition system and mounted to a vehicle’s dashboard or console. The Texas Code of Criminal Procedure, Title 1, Chapter 17, § 17.441 states that a judge requires an IID to be installed on every motor vehicle owned by a DWI offender.
An IID is expensive, with the driver paying all costs of installation and maintenance. A typical installation has a cost of between $70 and $200, and monthly “rental” and maintenance costs of $50 to $100. Texas tacks on other driver’s license fees for persons ordered to have an IID.
Although Texas enacted House Bill 2246 in 2015, which revised some of the laws related to IIDs, most third-time DWI offenders are not affected by the new law.
Weatherford | Alcoholics Anonymous (AA) — Many people who are arrested for their third or subsequent DWI offenses will inevitably have to consider they may have a drinking problem, and AA is one of the largest support groups in the world specifically dedicated to helping people overcome alcoholism. Use this website to find meetings in the Parker County area and also access assorted AA materials. It is important to keep in mind that the third tradition of AA states that the only requirement for membership is a desire to stop drinking, so you only have to want to quit the day you are attending to be able to attend a meeting.
Risk of Alcohol-Impaired Driving Recidivism Among First Offenders and Multiple Offenders — View a 2010 study examining the statewide impact of having prior alcohol-impaired driving violations of any type on the rate of first occurrence or recidivism among drivers with zero to three or more prior violations in Maryland. On average, there were 3.4, 24.3, 35.9, and 50.8 violations per 1000 drivers a year among those with 0, 1, 2, or 3 or more priors, respectively. The recidivism rate among first offenders more closely resembles that of second offenders than of nonoffenders, and any alcohol-impaired driving violation, not just convictions, is a marker for future recidivism.
If you were arrested for a third or subsequent DWI in the Weatherford area, there is no time to wait. It is urgent that you quickly find yourself legal representation so you will be as prepared as possible when heading into court.
The Law Offices of Richard C. McConathy has handled scores of repeat DWI cases and knows how to help people fight to get criminal charges reduced or dismissed. We will be able to completely review your case and answer all of your legal questions when you call (817) 458-3226 or contact us online to receive a free consultation.
Flying While Intoxicated
Third or Subsequent DWI
DWI with BAC over 0.15
Controlled Substances and DWI
DWI Test Refusal and Implied Consent
License Suspension Hearings
DWI with Child Passenger
Contesting Blood Alcohol Tests
Ignition Interlock Device
DWI with Property Damage
SR-22 / DWI Insurance