A driving while intoxicated (DWI) conviction is always serious (What Should I Do if I Am Stopped for DWI?). If you have 2 prior convictions, however, the charge becomes felony repetition DWI, which is a third-degree felony. The consequences of such a conviction are more serious, and the legal process, itself, is more demanding. Understanding the process can help.
Felony Charges
All criminal charges, including misdemeanors, are serious, but felony charges take things to a higher level. If you have been charged with a felony repetition DWI in Texas, your case will be brought in the District Court (rather than the County District Court or County Courts at Law). The prosecutors in your case will be more experienced. Finally, law enforcement takes an especially aggressive stance toward felony DWI cases.
DWI Testing
If a motorist is stopped and tested for suspicion of a misdemeanor DWI, that driver will typically be given a breath test, and If he or she refuses the breath test, a warrant to obtain a blood test will likely be issued. (Breath tests can sometimes be inaccurate) If there is an accident involved or you are suspected of a felony repetition DWI, however, the first course of action will probably be a blood test. Such DWIs are among the most serious, and the State’s Attorneys will be intent upon building as strong a case as possible against you.
The Science of Blood Tests
While a blood test to determine your blood alcohol content (BAC) will issue a percentage related to how much alcohol was determined to be in your system, there are a number of factors that can skew the results:
- The system by which the blood test and its results were validated
- How your blood was stored in the process
- How the testing machine was maintained
- How qualified the analyst responsible for your results is
The fact is that test results are far from infallible, and tracking exactly how your blood traveled through the system, the veracity of the system, the qualifications of the technicians, and the overall condition and effectiveness of the testing device can all play a role in your defense.
The Burden of Proof
It is not enough that a defendant have two prior DWI charges; the State of Texas must prove up these charges before it can proceed with a felony repetition DWI charge. This means there must be proof of any prior convictions – including any from other states – and that the defendant must have had legal representation in those prior convictions. In other words, a felony repetition DWI charge is far from a slam-dunk.
You may be able to have your DWI conviction sealed. Click here to learn more
Charged with a Felony Repetition DWI? You Need an Experienced Killeen Criminal Defense Attorney
Felony DWI charges are especially serious, and if you have been so charged, you need a skilled criminal lawyer on your side. Criminal Attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen has the experience, dedication, and determination to aggressively advocate for the best possible resolution of your case. We are here to help, so please contact or call us at (254) 220-4225 for more information today
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