DWI in Texas 3rd Offense
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Call Houston DWI Attorney B. Keith Jackson for Steadfast Criminal Defense Services Against a Third- or Subsequent DWI Charge
Facing a DWI in Texas, 3rd offense is a serious situation that demands immediate legal help. A third DWI conviction is charged as a felony in Texas, and the consequences can follow you for life. If you have prior convictions for driving while intoxicated, the stakes are even higher.
You could be facing a felony conviction, thousands of dollars in fines, time behind bars, and the loss of your driving privileges. If your blood alcohol concentration (BAC) was above the legal limit at the time of your arrest, prosecutors will work aggressively to secure another conviction against you.
If you or a loved one has been charged with a third or subsequent DWI offense, it is crucial to take prompt action. Call Houston DWI lawyer B. Keith Jackson today. With over a decade of experience fighting for people charged with drunk driving offenses, Attorney Jackson is prepared to stand by your side and defend your future.
As a dedicated Texas DWI lawyer, he understands the serious impact these cases can have and is ready to help you fight for the best possible outcome. Call B. Keith Jackson, Attorney and Counselor at Law PLLC, at (281) 545-5020 today to get started with a confidential consultation.
What is Considered a Third Offense DWI in Texas?
A third offense DWI in Texas means you have been arrested for drunk driving after already having two prior DWI convictions. Under the Texas Penal Code §49.09(b), this third offense is classified as a third-degree felony, which carries much steeper penalties than a first or second DWI in Texas.
In Texas, a person commits a DWI charge if they are operating a motor vehicle in a public place while intoxicated. This means either their blood alcohol concentration (BAC) is 0.08% or higher, or alcohol/drugs have affected their ability to operate a vehicle safely. This standard applies to all drivers, including commercial drivers, who are subject to a lower BAC limit.
Importantly, it does not matter how much time has passed since your last conviction. Unless a prior case has been legally expunged or sealed, it can still be used against you to enhance the charge. A third DWI on your record means harsher consequences, including prison time, license suspension, and a permanent felony on your record.
If you are facing a third DWI charge, it is time to speak with a Texas DWI attorney who understands the law and will stand up for you. Field sobriety tests and chemical test results can be challenged, but you must act fast. Contact Houston DWI lawyer, B. Keith Jackson, today to start building your defense.
Penalties for DWI Third Offense Texas
A 3rd DWI charge in Texas is classified as a third-degree felony under the Texas Penal Code, and the consequences can be life-changing. A third-degree felony carries a sentencing range of two to ten years in a Texas state prison, though the specific term imposed depends on the facts of the case and the court’s discretion. In addition to potential prison time, you may also face fines of up to $10,000 and significant court costs.
Depending on the county and circumstances surrounding your third DWI conviction, the court may require you to serve time in county jail before any transfer to state prison. For many individuals, the loss of driving privileges becomes an immediate concern. Texas law allows a driver’s license suspension of up to two years for a third offense DWI, and the court can order an ignition interlock device if a prior DWI occurred within the past five years.
Judges may also impose community service, a substance abuse evaluation, and mandatory treatment or education programs as conditions of probation or release. These requirements are common in repeat DWI cases and reflect the court’s focus on public safety.
For individuals who hold a professional license, a felony conviction can jeopardize their ability to continue working in their chosen field. A magistrate judge will set bond and outline any restrictions you must follow while your case is pending, which may include alcohol monitoring or travel limits.
Given the severity of these penalties, it is essential to work with an experienced DWI defense attorney, such as B. Keith Jackson, who can challenge the evidence, protect your rights, and pursue the most favorable outcome possible.
Is a Third DWI Offense in Texas a Felony?
Yes, under Texas law, a third DWI charge is classified as a third-degree felony. Unlike first or second DWI cases, felony offenses carry much harsher consequences. Along with prison time and fines, a felony conviction for DWI arrest can lead to a long-term driver’s license suspension, loss of certain rights, and lasting damage to your record.
If the DWI involved a crash while operating a motor vehicle and resulted in bodily injury, the penalties can increase even further. Even if you are granted probation or accept a plea agreement, the felony status remains, impacting employment, housing, and other aspects of daily life.
Is Jail Time Mandatory for 3rd DWI in Texas?
Yes. Under Texas law, jail time is mandatory for a 3rd DWI in Texas, even when no one is hurt. A third DWI offense is a third-degree felony under Texas Penal Code §49.09, and Texas Department of Transportation guidance confirms that a minimum prison sentence of two years must be imposed, even if the court later grants probation.
Courts may impose additional penalties depending on the circumstances of the DWI arrest, including cases involving serious bodily injury, intoxication assault, or intoxication manslaughter, which can lead to even harsher consequences. Because the law requires a minimum term of confinement for a third DWI conviction, working with an experienced DWI defense attorney is essential to build a strong defense and pursue the most favorable outcome possible.
What Happens When You Get 4 or More DWI Convictions in Texas?
If you are charged with a subsequent DWI arrest after a third DWI in Texas, you still face the same penalty range as a third-degree felony, a maximum of up to 10 years in prison. However, courts are often less forgiving with a subsequent conviction, especially if you have multiple DWI offenses on your record.
In some cases involving aggravating factors such as bodily injury to a police officer or emergency medical personnel, the charge may be enhanced to a second-degree felony, leading to even harsher sentencing.
You also risk an extended driver’s license suspension and mandatory use of an ignition interlock device. If you are facing your fourth or more DWI, contact a skilled Houston DWI attorney right away to protect your future.
Why Hire a Houston DWI Lawyer?
Hiring an experienced DWI defense attorney after a DWI arrest is one of the most important steps you can take, whether this is your first case or a third DWI offense. Texas courts treat multiple DWI offenses with increasing severity, and a third-degree felony conviction for a third DWI in Texas can bring two to ten years in prison, a $10,000 fine, and a driver’s license suspension that affects every part of your life. A felony DWI conviction also damages employment opportunities, housing options, and your long-term criminal record.
A skilled Texas DWI attorney can build a strong defense by examining the legality of the traffic stop, challenging blood alcohol concentration results, reviewing field sobriety tests, and identifying weaknesses in the criminal charge. For someone with two prior DWI convictions, this strategy becomes even more critical. Your lawyer can negotiate a plea agreement, fight improper enhancements, and work to protect your Texas driver’s license from additional penalties.
A Houston DWI lawyer like B. Keith Jackson understands how prosecutors handle Texas DWI cases, especially those involving a third or subsequent DWI. As an experienced DWI attorney, he provides legal guidance, strategic defense options, and the advocacy needed to pursue the most favorable outcome possible, even when facing serious felony offenses.
Potential Defenses to Texas DWI Third Offense
In Texas DWI cases, especially those involving a 3rd DWI, building the proper defense can make a major difference in the outcome. Houston defense attorney B. Keith Jackson may challenge the legality of the traffic stop, question the accuracy of breath or blood test results, or point out errors in how the investigation was handled.
Other defenses may include demonstrating medical conditions that affected field sobriety tests, or showing evidence of rising BAC, meaning the driver’s blood alcohol concentration increased after the traffic stop and did not reflect their level while driving. These strategies can weaken the criminal charge and may lead to a reduced sentence, dismissal, or alternative penalties such as community service.
Every drunk driving case is different, and with the right approach, a more favorable outcome may be possible, even for a third DWI offense or third or subsequent DWI allegation.
Accused of a Third DWI Offense? Let Criminal Defense Attorney B. Keith Jackson Defend Your Rights
If you are facing a DWI charge and have a prior DWI on your record, you cannot afford to take a third offense lightly. A third conviction can affect your freedom, your license, and your future.
Houston criminal defense attorney B. Keith Jackson has the experience and determination to fight for your rights and work toward the best possible result in your case.
Do not wait to get the help you need. Call (281) 545-5020 or contact us online today to schedule a confidential consultation.