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Felony DWI Charges

Albuquerque Felony DWI Charges AttorneyCriminal Defense in Albuquerque, New Mexico

Felony DWI charges are typically assessed if you have 3 usable prior convictions and are facing a 4th drunk driving offense.

What are ‘Usable Convictions’?

Just because you have 3 prior DWI convictions does not automatically mean you will face felony DWI charges for a fourth arrest. Each of those prior convictions must be usable.

In order for past DWI convictions to be considered usable, each prior conviction must meet one of the following criteria:

  1. The government must produce evidence that you were represented by an attorney
  2. The government must produce a Waiver of Counsel form that proves you waived your right to be represented by an attorney

If you were not represented by an attorney and the government cannot produce a Waiver of Counsel form for each of your prior 3 convictions, they are not usable convictions.

What are the Penalties for Felony DWI?

The penalties for felony DWI are severe. In these cases, a judge does not have the discretion to offer a conditional discharge that would enable someone with no prior felony convictions to have the charge dismissed after completion of probation. If you are convicted of felony DWI, it will remain on your record, you will face incarceration, fines, probation and a lifetime of explaining your conviction to future employers.

Additional Felony Charges Associated with DWIs

If you are arrested for a first offense DWI, you could still face felony charges in addition to a misdemeanor DWI. If you have a minor in the vehicle with you at the time of your arrest, you could face felony child abuse charges. If drugs are found in your vehicle, you could face felony possession charges. If you do not immediately stop when a police officer is trying to pull you over for DWI, you could face felony aggravated fleeing charges.

If you are facing felony DUI/DWI charges in Albuquerque, contact attorney Dan Baca immediately. With over 20 years of experience, Dan Baca has a deep understanding of drunk driving laws and will fight for the best possible outcome to your case.

Know Your Rights!
Call DWI Lawyer Dan Baca in Albuquerque, NM for a FREE consultation

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