One of the most serious types of DWI charges anyone can face is a Habitual DWI charge. If you are facing this charge, you should seriously consider getting a lawyer, because you are facing very harsh penalties. So how does a person get charged with Habitual DWI? He or she must have convictions for three (3) impaired driving offenses in the 10 years before the new date of offense (so DWIs from your past really can cause you pain in the present.) Once the prosecutor proves the previous three DWIs within the past 10 years, he or she then has to prove the current case of DWI. If the case cannot be proven, then you will not be convicted of Habitual DWI. Hopefully you will never have to face this situation again.
If, however, you are convicted, then you will be facing pretty serious penalties, including time in jail. Habitual DWI is a Class F felony, and includes a one year mandatory minimum time spent behind bars, which cannot be suspended. You also will lose your driver’s license permanently, so after you get out, you will be unable to drive. If you are convicted of Habitual DWI, the vehicle which you used to commit the offense will be seized and forfeited.
If you are charged with Habitual DWI, you are not facing a simple misdemeanor with slightly worse sentencing. You are facing a different crime altogether. Even though it is a different crime, the approach to defending it should not be different from defending any other DWI. Remember, the prosecutor has to prove the same case as he or she would with any other DWI. If the new case of DWI can be defeated, then you will not be convicted of Habitual DWI. If you have been charged with Habitual DWI, you don’t need to give up hope, you just need to realize that the stakes have been raised dramatically.