If you’re facing charges for your 4th DWI in Texas, you probably know by now that many Texas drinking laws are designed to help law enforcement make easy arrests, regardless of whether or not any laws were actually broken. People often end up facing DWI charges because of bad police work, bad science related to blood or breath tests, and overzealous prosecution by the state in an overabundance of caution.
You probably also know that it is absolutely essential to hire a skilled DWI lawyer if you want to avoid spending significant time in jail — especially if you already have multiple DWI offenses on your record.
Mark Thiessen and the DWI attorneys at Thiessen Law Firm have made their name on making miracles happen for people like you facing severe charges in complex DWI cases. Mark is the only lawyer in America who is quadruple board certified in the following:
- Criminal Law by the Texas Board of Legal Specialization
- DUI Defense by the National College for DUI Defense as approved through the American Bar Association
- DUI Law by the DUI Defense Lawyers Association
- Board Certified Advocate in Criminal Trial Law by the NBTA Foundation
If you’ve got a DWI case that you can’t afford to lose — and we’re telling you that if this is your 4th DWI in Texas, you can’t afford to lose — you’ve got to call Thiessen Law Firm at (713) 864-9000 today.
How many DWIs is a felony in Texas?
With no aggravating factors present, 1st and 2nd offense DWIs in Texas are generally charged as misdemeanors, while 3rd and 4th offense DWIs are charged as felonies. That being said, although penalties for DWI in Texas escalate with each subsequent conviction, it is always possible for a DWI to be a felony, whether you’re facing a charge for DWI in Texas first offense or a charge for your 3rd DWI offense.
DWIs are felonies in Texas under the following conditions:
- It is your third or fourth DWI offense.
- You were arrested for DWI with a child in the car.
- Your DWI caused an accident resulting in injury.
- Your DWI caused an accident resulting in death.
There are other ways in which a DWI charge can be upgraded to a felony. Still, the most common ways are repeat offenses, committing DWI with a child passenger, and committing intoxication assault or intoxication manslaughter in Texas.
For a 4th DWI in Texas you’ll need a felony DWI lawyer, as no matter the circumstances of your DWI charge, if you’ve previously been convicted of a DWI in Texas 3rd offense, the charge will be a felony bearing extreme consequences.
What is the average sentence for a 4th DWI in Texas?
The average sentence for a DWI 4th offense in Texas can vary depending on several factors, including the circumstances of the offense, your criminal history, and the court’s discretion. Know that whatever the circumstances of your DWI arrest are, the penalties for a 4th DWI in the Lone Star State are substantial and can have a profound impact on your life if you’re convicted.
How long do you go to jail for a 4th DWI? Penalties for DWI charges in Texas are as follows.
| Offense | Charge | Maximum fine | Jail time |
| First offense DWI | Class B misdemeanor | $2,000 | 3 – 180 days |
| First offense DWI with a BAC of greater than .15 | Class A misdemeanor | $4,000 | 30 days – 1 year |
| Second offense DWI | Class A misdemeanor | $4,000 | 30 days – 1 year |
| Third offense DWI | Third-degree felony | $10,000 | 2 – 10 years |
| Fourth offense DWI | Third-degree felony | $10,000 | 2 – 20 years |
| DWI with a child passenger | State jail felony | $10,000 | 180 days – 2 years |
| Intoxication assault | Third-degree felony | $10,000 | 2 – 10 years |
| Intoxication manslaughter | Second-degree felony | $10,000 | 2 – 20 years |
In addition to mandatory minimum jail sentences, convictions for repeat felony DWI include a host of secondary penalties
Can I get probation for a 4th DWI in Texas?
It is very unlikely that you will get DWI probation if this isn’t your first conviction for drinking and driving. Convictions for a 2nd or 3rd DWI in Texas are unlikely to get favorable treatment from the court, or leniency in the form of probation, so it is very unlikely that you can expect it for a 4th DWI.
How to beat a charge for DWI fourth offense in Texas
At the end of the day, most police officers are simply looking to make an arrest. If you have 3 DWI convictions, you’re an easy target. With that in mind, it’s smart to be aware of certain tricks in the book that might help you get your charge dismissed later down the road.
For example, one of the first things you should ask yourself is: did the police officer who pulled me over have a legitimate reason to do so or was I unfairly targeted? If the officer doesn’t immediately tell you why they pulled you over, that should be a red flag. A few things you can do to help your case include:
- Exercise your right to remain silent. Stay quiet and do not incriminate yourself.
- Present them with your license and answer questions about your name, date of birth, and current address.
- Be polite and respectful, but do not consent to searches of your vehicle.
- Comply with sobriety tests and breathalyzers.*
The real way to beat a DWI charge in Texas is to work with an attorney who knows how to argue for your rights in front of a judge and jury. A trial attorney will be able to call into question the ethics of the traffic stop, dispute evidence gathered by the police on shaky scientific grounds, and ensure that you have the best possible chance of beating your DWI charge.
Continue reading about why “Do Not Blow” might be bad advice!
Charged with a 4th DWI in Texas? Call the DWI trial lawyers at Thiessen Law Firm today.
The most important thing you can do if you find yourself facing a 4th DWI in Texas is to call one of the best DWI lawyers Houston has to offer, Mark Thiessen of the Thiessen Law Firm. Mark and his team know what it takes to get your 4th DWI charge dismissed or dropped in a court of law. They’ve made countless miracles happen before and they will keep fighting to make them happen for you.
Don’t give up. A charge is not a conviction, and your future is worth the fight. Give it your all by calling Mark Thiessen and the DWI lawyers at Thiessen Law Firm to fight for your rights today. Contact Thiessen Law Firm at (713) 864-9000 or request a consultation online to begin building your iron defense.
More Helpful Articles by Thiessen Law Firm:
- What Is the Penalty for First-Time Intoxication Manslaughter?
- What is the Sentence for Intoxication Manslaughter in Texas?
- How We Use Accident Reconstruction To Win DWI Cases
- What is an Ignition Interlock Device?
- How To Tell if You’re Still Drunk the Next Morning
