DWI 3rd+ Offense in Texas
After two DWI convictions, a third DWI offense (habitual DWI) is a Third Degree Felony. The maximum fine is $10,000.00, and the maximum prison sentence is 10 years in a Texas Department of Criminal Justice (TDCJ) penitentiary. A conviction for this offense is permanent, requires a 10-day jail sentence, even if probation is granted, and results in a driver license suspension, as well as other serious, collateral consequences that come with being a convicted felon.
- Is a Third DWI charge a felony in Texas? Yes. Even if a person received deferred adjudication for their first DWI, and was only convicted of a subsequent DWI, the third DWI charge will be classified as a felony.
- Do convictions over 10 years old count for a DWI 3rd? Yes. All prior convictions, no matter how old, may be used as the basis for enhancement.
- Do out of State convictions count for felony DWI in Texas? Yes. Out of state convictions may be used as the basis for enhancement.
What Happens After Third DWI Defense in Texas?
Everyone arrested in Texas is eligible to be released on bond. Third offense DWI charges come with higher bail amounts and more stringent conditions of release. All felony cases in Texas must be indicted by a Grand Jury before the State may begin prosecution. Each district clerk’s office has their own procedures for notifying defendants of their court date. It is critical to never miss a court appearance while facing a DWI in Texas. Learn more.
- How much is bail for a DWI 3rd in Texas? A magistrate judge may set bail at any amount they choose, after considering factors like community safety and the likelihood of the defendant appearing in court. Typically bond for a Third Degree Felony, like DWI 3rd, is $10,000.00 or more.
- What are bond conditions for DWI 3rd? The installation of deep lung devices that measure blood alcohol concentration (BAC), like an ignition interlock device, are required by law in all vehicles a person has access to operate. Additional conditions like drug testing, travel restrictions, and frequent pretrial reporting may be required as well.
DWI 3rd Offense Consequences
- Can you go to prison for felony DWI 3rd in Texas? Yes. The maximum prison sentence for a DWI 3rd is 10 years in Texas. A third (or more) DWI is classified as a Third Degree Felony. While first-time DWI offenders can seek some leniency, the penalties for a third offense reflect the severity of Texas law.
A conviction for a third DWI will result in a prison sentence of no less than 2 years and no more than 10 years. Even if probation is granted, all Defendants convicted of DWI 3rd or more in Texas are required to serve a minimum of ten days in jail as part of any plea agreement. This 10-day jail sentence cannot be waived or probated.
- Can you get probation for DWI 3rd in Texas? Yes. Everyone charged with DWI 3rd in Texas is eligible to make an application for probation, or as it is more commonly known as Community Supervision. Probation can be granted for a period of up to 10 years. In the event probation is granted, the 10-day jail sentence must still be served by law.
It is important to note, however, that the decision to grant a defendant probation is entirely within the discretion of a judge or jury. It’s not a guarantee, and in many cases, it’s an absolute longshot.
- How much does a 3rd DWI cost? It’s impossible to calculate the cost of a conviction for a DWI 3rd offense in Texas. In addition to attorney’s fees, court costs, and up to $10,000.00 in fines, a felony DWI conviction comes with a two-year driver license suspension and increased insurance rates. The lost wages from being incarcerated and/or classified as a convicted felon can be staggering. Housing, government benefit eligibility and other constitutional rights are also negatively impacted.
Trey Porter Named Best DWI Lawyer in San Antonio
The consequences for DWI 3rd in Texas are severe. The possibility of being labeled a felon or going to prison — or both — is daunting. For many, fighting a DWI third offense may be the best and only choice. You can’t win if you don’t fight. Choosing the best attorney for your legal battle is one of the most important decisions to make.
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
He saved my career. Forever grateful!
Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
San Antonio DUI Lawyer
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
Contact Trey Porter Today
Request a free consultation
The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.