katy15

5th DWI case please help with suggestions or advice

7 posts in this topic

Hello!i live in Houston tx my husband is currently in Harris county jail facing his 5th dwi charge. His 3rd dwi he did 2yrs in prison.3 yrs later he gets caught with his 4th. & he was double the limit of intoxication got out on bond.2 months later went back in with his 5th dwi and well currently has no bond.there will be new DAES and a new judge.so we don't know what they might say.the 5th one he was over by o.1. He hasn't hit anybody when's he gotten pulled over usually is because something wrong with the car or made a wrong turn and then police sees he's been drinking so that's how he's gotten caught there trying to give him 6yrs but he keeps resetting it not wanting to sign can I please have help what is he looking at.He does have his own lawyer but she just keeps saying she will talk to the judge and see..? I mean I've never been in a situation like this help??

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He is looking at 2-10 years in prison with no probation. Since he got the minimum 2 years on his 3rd, I expect he will get closer to the maximum this time fo 6 years in prison, might be a break,plus fine, deep lung breathing devise on his car if he ever gets his license back, 160-600 hours of community service is mandatory, plus mandated alcohol treatment, since is obvious, maybe not to him, to the system he has a real problem with alcohol. I don't know what type of help you are looking for from strangers on the internet, but your husband has a real problem that needs to be dealt with before he kills someone else or himself.

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Thank you I'm just confused and anxious as to what might happen I know he has no bond but I'm still wondering since he will see a new judge and DAES if there is a slight possibility that they might consider giving him another bond.

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Since it appears from your post that he was out on bond for one case when he picked up another, I wouldn't count on the court letting him out on any basis.

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5 minutes ago, LegalwriterOne said:

Since it appears from your post that he was out on bond for one case when he picked up another, I wouldn't count on the court letting him out on any basis.

Thank you for your feed back yes he had gotten out on bond in his 4th one.

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Depending upon the prosecutor and the judge, He will get prison for both the 4th and the 5th conviction and could be looking at a maximum of 20 years in prison-10 years on each charge to be served consecutively. Probably not, but plan on him being in prison closer to 10 years than the 2 year minimum and figure out how you are going to live without him.

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19 hours ago, katy15 said:

Thank you I'm just confused and anxious as to what might happen I know he has no bond but I'm still wondering since he will see a new judge and DAES if there is a slight possibility that they might consider giving him another bond.

Bond is not considered a "Fundamental" right to the U.S. Constitution,but generally, in most cases it will be allowed.Still,as a result of this fact,Judges have wide discretion,taking numerous factors in determining  whether to grant bond,and if so,in what amount.

That said,in your husband's case,if for not any other reason(s,) the fact that he caught a fifth DWI,while out on bond for a fourth one,a major factor in the bond decision,but more importantly,the prosecution will contend,that he is a "danger" both to himself,and the community,due to inability to control his driving while intoxicated.I wouldn't expect anything good in his favor to come out out of this last incident.

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