Facing a third DWI in Texas? You need the best to fight for your freedom
A third DWI in Texas is much more serious than a first or second DWI in Texas. Prior convictions reduce any leniency that you would hope to get from a judge or jury, increase the amount of fines and secondary penalties, and make significant jail time all but a certainty. Plus, charges for third and fourth DWIs in Texas are automatically felonies.
If you have been arrested under suspicion of a third DWI in Texas, you need to act quickly and decisively. Every minute you wait is another minute that your attorney does not have to start building your defense.
Hiring just any defense attorney will not do. You need a DWI expert who knows how to take on tough cases, fight in a court of law, and win. Mark Thiessen is not only one of the most decorated criminal defense lawyers in the country, but he is the only lawyer in America who is 4x 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 National Board of Trial Advocacy Foundation
If you’ve got a case that you need to win, you need to give Thiessen Law Firm a call today at (713) 864-9000 and ask Mark Thiessen to fight for you.
How many DWIs is a felony in Texas?
Is DWI a felony in Texas? It can be, and a third DWI in Texas typically is. DWIs will be charged as felonies under the following circumstances:
- It is your third (or fourth) strike. Texas is hard on DWI, and even harder on repeat offenders. If you already have two or more DWIs on your record, a third or fourth DWI with no aggravating factors is punishable as a third-degree felony.
- Someone was injured as a result of an accident. If you are arrested under suspicion of DWI and you were involved in an accident in which a person suffered injuries, you can be charged with intoxication assault, another third-degree felony.
- Someone died as a result of an accident. If you are arrested under suspicion of DWI and you were involved in an accident in which a person was killed, you can be charged with intoxication manslaughter, a second-degree felony and the most serious DWI charge you can face.
- You had a child in the car. If you are arrested under suspicion of DWI with a child passenger (anyone under the age of 15) in the car, you can be charged with a state jail felony.
A third DWI in Texas is often a felony charge. If you didn’t hire the best DWI lawyer in Houston on your first or second DWI offense in Texas, you still have a chance to do so. This time around, you can hire a DWI lawyer like Mark Thiessen, who knows the science behind DWI, as well as the law, and uses it to secure Not Guilty verdicts for his clients.
Continue reading about how we win intoxication manslaughter cases in Texas
How much does a third DWI in Texas cost?
DWI fines and secondary costs only go up with repeat offenses. For example, bonds for a third DWI in Texas are much higher than they would be for a first conviction. If convicted, your third DWI offense will come with some steep costs that could include:
- A fine of up to $10,000
- A $2,000 surcharge to the Texas Department of Transportation for three years
- Court costs
- Driver’s license suspension and reinstatement costs
- Raised premiums for car insurance
- SR-22 costs
- SCRAM device costs
- Costs of intervention and community service programs
- Bail bonds
While the monetary cost of a third DWI is significant, it often pales in comparison to the real cost of a DWI: the penalties associated with having a felony charge on your record and the ripple effects they can have on the rest of your life.
What is the punishment for a third DWI in Texas?
While DWI penalties vary greatly depending on the circumstances of the case, the typical punishment for third DWI in Texas will include:
- Up to 10 years in prison
- A fine of up to $10,000
- Mandatory ignition interlock device
- 2-year license suspension
Is jail time mandatory for third DWI in Texas?
If you’ve been accused of a third or fourth DWI in Texas, your biggest question is likely: “Now that I’ve been charged with a felony DWI, will I have to do jail time?” Unfortunately, the answer is yes.
Third DWIs come with prison sentences between 2 – 10 years long, and even those who are convicted and granted probation or a plea deal are required to serve a minimum of ten days in jail.
According to Texas Penal Code § 49.04, jail time and fines for common DWI offenses are as follows:
| Offense | Charge | Fine | Jail Time |
| First-offense DWI | Class B misdemeanor | Up to $2,000 | 3 – 180 days |
| Second-offense DWI | Class A misdemeanor | Up to $4,000 | 30 days – 2 years |
| Subsequent DWI charges | Felony charge | Up to $10,000 | 2 – 10 years |
| First-time DWI w/ BAC 0.15% or higher | Class A misdemeanor | Up to $4,000 | Up to 1 year |
| First-time aggravated DWI w/ child passenger | State jail felony | Up to $10,000 | 180 days – 2 years |
| Aggravated DWI with prior conviction(s) | Third-degree felony | Up to $10,000 | 2 – 10 years |
| Intoxication Assault | Third-degree felony | Up to $10,000 | 2 – 10 years |
| Intoxication Manslaughter | Second-degree felony | Up to $10,000 | 2 – 20 years |
However, the true cost of a third DWI is much more than a jail sentence and a fine. Multiple DWIs come with the loss of freedoms incurred after being convicted of any felony (gun ownership, the right to vote, etc.), the impacts of a prison sentence on family life, and the limitations imposed on employment and homeownership by felon status.
Your best chance to avoid any penalties is to avoid being convicted in the first place. To do that you’ll need a very good lawyer.
What is the statute of limitations for a third DWI in Texas?
The statute of limitations for DWI in the state of Texas will vary depending on the type of DWI you are charged with.
- The statute of limitations for misdemeanor DWI is two years.
- The statute of limitations for felony DWI is three years.
Although these statutes of limitations exist, it is very uncommon for them to be relevant in any DWI case.
Why? DWI is unique in that if you are caught, you are caught immediately by the police. It isn’t like other criminal charges for which an arrest warrant is ordered and the police would need to track you down. Essentially, once a charge is filed, the statute of limitations becomes irrelevant, and it would be almost inconceivable that a charge would go unfiled for two or three years in a DWI case.
