It was the third offense for DWI/DUI in Texas. 3rd time (after two convictions) in the Lone Star State is an automatic felony. Hence, Huntsville federal prison - the location of Ole Sparky, and the elctric chair museum (not kidding about that!). When the judge excused the jury (us) he told us what the plea deal was. Guy opted for 5 years. In Texas the jury also sets the penalty so he was probably thinking he was going to get more from the jury.