What Happens When You Get 3 DWI in Texas?
A Third DWI increases the seriousness of DWI charges significantly. That is because it is charged as a felony. If you come to a guilty plea or if you are convicted by a judge or jury, you will quite literally be a convicted felon the rest of your life. It’s important to fight these charges or get them reduced to a misdemeanor, because a felony conviction is a huge weight to bear. If you or a loved one is charged with Third DWI Texas, I strongly encourage you to reach out to a criminal defense lawyer immediately. ATX Legal offers free phone consultations.
Understanding a Third DWI Offense in Texas
A third DWI offense in Texas is a serious matter that comes with severe consequences. Under the Texas penal code, when someone with two prior DWI convictions and receives a subsequent DWI arrest, they face a third-degree felony charge. Regardless of how much time has passed since the previous offenses, Texas law treats a third DWI conviction with great severity, often assuming that the individual has a recurring substance abuse issue. The prior convictions can be from out of state, and still lead to felony DWI charges.
Third Degree Felony Classification
A third DWI offense is classified as a third-degree felony. This classification brings about harsh penalties that can impact your life in multiple ways, including substantial fines, significant jail time, and various administrative penalties. The consequences of a third-degree felony extend beyond just legal penalties; they can affect your personal and professional life for years to come.
DWI 3rd Offense Punishments
Prison Time and Fines
For a third DWI offense, Texas law mandates prison time ranging from 2 to 10 years, coupled with fines and/or court costs that can reach up to $10,000 or more. The severity of the punishment largely depends on the specific circumstances surrounding the DWI arrest. While probation is possible in some cases, a third DUI conviction often does lead to jail time. By statute, you will also be required to maintain an ignition interlock device.
Driver’s License Suspension or Revocation
A third DWI conviction often leads to the suspension or even revocation of your Texas driver’s license. This can make everyday tasks like commuting to work or running errands extremely challenging, severely disrupting your life.
Probation and Community Service
In some cases, individuals convicted of a third DWI may be granted probation. However, this is not a lenient option; probation often includes strict conditions such as regular drug and alcohol testing, mandatory counseling, and community service. Sometimes, you must spend days in county jail as a condition of your probation.
Consequences of a Third DWI Charge
Increased Insurance Rates
A felony DWI charge can drastically increase your insurance rates. Insurance companies categorize you as a high-risk driver, which can lead to significantly higher premiums.
DL suspension
Multiple DWI offenses increase the length of time your DL will be suspended. Your DL will likely be suspended following an administrative license revocation hearing. Although you may qualify for an occupational license, you can only get two in a 10-year perdiod. Often, an ignition interlock device requirement will be added to your DL.
Employment and Education Consequences
The implications of a third DWI charge on your criminal record aren’t limited to legal penalties. You may face difficulties securing employment or gaining admission to educational institutions due to the stigma attached to DWI convictions.
Social and Personal Consequences
Beyond legal and financial consequences, a third DWI can severely impact your social and personal life. Relationships may become strained, and the social stigma can lead to emotional distress.
Defenses Against a Third DWI in Texas
Challenging Breath and Blood Test Results
A knowledgeable DWI attorney can challenge the accuracy of breath and blood test results, especially if the tests were administered improperly. This can be a crucial defense strategy in a third DWI case.
Proving Lack of Intoxication
Another potential defense is demonstrating that you were not intoxicated at the time of the arrest. This could involve presenting evidence such as witness testimony or video footage to counter the DWI charge.
Other Defense Strategies
There are various other strategies that an experienced DWI defense attorney might employ, such as DWI intervention programs to fight a third DWI charge. The best approach depends on the specific details of your case.
DWI Penalty Chart and Look-Back Limitation
No Look-Back Limitation for Third-Offense DWI
In Texas, there is no look-back period for third-offense DWI. This means that regardless of when your previous convictions occurred, they will be considered when determining the penalties for your third DWI. This lack of a time limit can result in more severe penalties.
Aggravating Factors in a Third DWI Case
Third DWI With an Accident
If your third DWI offense involved an accident, the penalties could be even more severe. This could include longer prison sentences and higher fines, especially if the accident resulted in serious bodily injury.
Third DWI With a Blood Test
A third DWI involving a blood test can also result in harsher penalties for felony DWI charges. If the blood alcohol concentration (BAC) is found to be significantly over the legal limit, the consequences could be more severe.
DWI Conviction and Its Implications
Impact on Future DWI Offenses
A DWI conviction, especially when there is a prior DWI conviction or two, will have long-lasting effects, particularly if you face future DWI charges. Texas law imposes harsher penalties for repeat offenders, making it crucial to avoid any future DWI convictions.
Impact on Employment and Education
The implications of a felony conviction extend beyond legal consequences. It can negatively affect your ability to find employment or pursue educational opportunities, as many institutions and employers frown upon felony convictions.
Bond for 3rd DWI in Texas
Bond Amounts and Conditions
The bond amount for a third DWI offense can vary widely based on the specifics of the case. Conditions may include regular drug and alcohol testing and attending counseling sessions, making it essential to have a DWI lawyer at your side during bond hearings.
Hiring a Lawyer for Bond Hearings
Hiring a skilled DWI defense attorney is critical when dealing with bond hearings. A knowledgeable lawyer can negotiate a lower bond amount and help secure more favorable bond conditions.
Choosing a DWI Defense Attorney
Qualities of a Good DWI Lawyer
When facing a third DWI charge, it’s vital to choose a DWI lawyer with a proven track record of success. Look for someone with extensive experience in DWI cases and a deep understanding of Texas law. ATX Legal has been defending people in Central Texas against DWI charges for over a decade.
Questions to Ask a Potential Lawyer
Before hiring a DWI attorney, ask about their experience, qualifications, and how they plan to defend your third DWI charge. Understanding their approach can give you confidence in your legal representation.
Contact a DWI Lawyer for Help
Importance of Seeking Professional Help
If you’re facing a third DWI offense, it’s crucial to seek help from a skilled Texas DWI lawyer. An experienced attorney can guide you through the legal process and help you achieve the best possible outcome.
What to Expect from a DWI Lawyer
A competent DWI lawyer will help you understand the charges against you, explain the potential penalties, and develop a strong defense strategy. Their goal is to minimize the impact of a third DWI conviction on your life.
Next Steps After a Third DWI Offense
Understanding Your Options
If you’re dealing with a third DWI offense, it’s essential to know your options. Consulting with an experienced DWI defense attorney can help you determine the best course of action.
Taking Action to Protect Your Rights
After a third DWI arrest, taking immediate action is crucial to protect your rights. Hiring a skilled attorney and following their guidance is the best way to navigate this challenging situation.