Texas Third DWI Offense

Facing a third DWI offense in Texas carries life-altering consequences. By the third offense, the charge becomes a felony. Texas courts treat repeat DWI charges harshly, and prosecutors often push for maximum penalties. 

If you are in this position, understanding the law and your rights is critical. A Houston DWI defense lawyer from the Law Office of David A. Breston can guide you on what to expect and how to approach your defense.

What Makes a Third DWI Different?

While a first DWI in Texas or a second DWI in Texas is usually treated as a misdemeanor, a third is automatically a third-degree felony. This increases penalties, imposes stricter sentencing rules, and risks your freedom and future employment. Courts often view prior convictions as evidence of an ongoing risk to public safety, so prosecutors may press for the harshest possible outcome.

Texas has a lifetime lookback period, meaning that any prior DWI conviction can count toward a third offense. Out-of-state convictions may also be used. If you have previously served prison time for DWI, the third offense can be enhanced to a second-degree felony, with longer prison terms.

Penalties for a Third DWI in Texas

If convicted of a third DWI, you face the following penalties:

• Two to 10 years in prison, with a mandatory 10-day minimum, even if a judge grants probation
• Up to $10,000 in fines, plus court costs and fees
• Driver’s license suspension up to 2 years, separate from any Administrative License Revocation (ALR) for refusing or failing a chemical test
• Installation of an ignition interlock device (IID) on any vehicle you operate, at your expense
• Probation or community supervision with possible alcohol treatment, community service, curfews, and strict reporting requirements
• Permanent felony record that you cannot seal or expunge

Additionally, Texas imposes annual driver surcharges of up to $2,000 for multiple years to keep or reinstate your license.

Collateral Consequences

The effects of a third DWI conviction extend beyond fines and prison. Employment prospects may decline as employers and licensing boards review felony backgrounds. Civil rights, including firearm ownership and voting rights, are restricted. The financial strain can include higher insurance rates, annual surcharges, IID costs, and housing challenges. A felony DWI can weigh heavily in family court child custody and visitation decisions.

Possible Defenses to a Third DWI

Common defense strategies include:

• Challenging the stop: If law enforcement lacked reasonable suspicion, evidence gathered afterward may be suppressed.
• Questioning field sobriety tests: These tests are subjective and often administered incorrectly.
• Scrutinizing breath or blood test results: Improper calibration, mishandled samples, or chain-of-custody errors can make results unreliable.
• Examining prior convictions: If a prior DWI was defective or improperly recorded, it may not count toward the third offense.

We will carefully analyze each of these strategies to determine whether it applies to your situation.

Why Legal Help Is Crucial

The penalties of a third DWI charge in Texas are too severe to risk navigating the system without experienced counsel. Our skilled DWI defense attorneys can challenge the state’s evidence, negotiate for reduced charges or alternatives, and protect your rights.

Our DWI Defense Lawyers Will Help You Fight a Felony DWI Charge

If you or a loved one is facing a third DWI charge, time is critical. Do not wait until your first court date to prepare your defense. Schedule a free consultation with the Law Office of David A. Breston as soon as possible to fight for your future.