Houston Third Offense DWI Lawyer

Aggressive DWI attorneys for when your life is on the line

A third DWI in Texas isn’t treated like your first or second. It’s an automatic felony, and the state comes after felony defendants with everything they’ve got. Prosecutors know that judges and juries have less patience for repeat offenders, which means less room for the leniency that first-time DWI defendants sometimes get. If you’re facing a third offense DWI charge, you don’t have time to hire just any DWI attorney Houston has to offer. You need a trial lawyer who has actually beaten these cases before.

Thiessen Law Firm was built for exactly this kind of fight. Founding attorney Mark Thiessen is a repeat Texas Super Lawyer, an ACS-CHAL Forensic Lawyer-Scientist, and the only attorney in the country who holds these four board certifications in DWI defense: 

• Criminal Law through the Texas Board of Legal Specialization
• DUI Defense through the National College for DUI Defense
• DUI Law through the DUI Defense Lawyers Association
• Board Certified Advocate in Criminal Trial Law through the NBTA Foundation

Those credentials are impressive, but what matters more is what he’s done with them: 140+ Not Guilty verdicts, thousands of dismissals, and a client roster that includes people who came to us already facing felony-level charges other firms had written off. 

If you or someone in your family has been arrested for a third DWI in Texas, don’t wait to get a Houston third offense DWI lawyer who’s actually tried and won these cases. Call Thiessen Law Firm at (713) 864-9000 or contact us online for a consultation. We’re available any hour of the day, and are ready to defend your life.

What makes a third DWI charge different?

Under Texas Penal Code § 49.09, a third DWI conviction (or any subsequent DWI after that) is automatically charged as a third-degree felony, regardless of your blood alcohol concentration at the time of arrest. This is a massive distinction from a DWI first offense in Texas or a DWI second offense in Texas, both of which are typically charged as misdemeanors absent aggravating factors.

Texas law doesn’t care how much time has passed between your convictions. A DWI conviction from two decades ago still counts toward your third strike, and there is no expiration date on prior convictions for the purposes of enhancement. This “look-back” rule is one of the toughest aspects of Texas law, and it’s exactly why so many defendants facing a third DWI feel like they’re out of options before they’ve even had a chance to fight.

We’re here to tell you that you’re not out of options. Every case deserves an aggressive defense, and Thiessen Law Firm has won plenty of cases that our clients thought were hopeless.

Continue reading: Is a DWI a felony in Texas?

What happens after a third DWI arrest in Texas?

A felony DWI arrest sets off a much more complicated legal process than a misdemeanor charge, and the stakes at every stage are higher. Here’s some of what you’re facing:

Booking and bail

After your arrest, you’ll be booked into the county jail. Because a third DWI is a felony, bail for DWI charges at this level tends to run significantly higher than for a first or second offense, and in some cases, a judge may deny bond altogether pending a hearing.

The 15-day ALR window

Just like any other DWI, you have only 15 days from your arrest to request an Administrative License Revocation (ALR) hearing. Miss it, and your license is automatically suspended, on top of everything else you’re facing.

Grand jury indictment

Felony DWI charges must be presented to a grand jury before the case can move forward to trial. This is a step misdemeanor DWI cases don’t go through, and it adds another layer of complexity (and another opportunity for your attorney to fight) to your case.

Pre-trial motions and discovery

Your attorney will request the arresting officer’s dashcam and bodycam footage, breath or blood test records, maintenance logs for testing equipment, and the full offense report, then begin identifying every weakness in the state’s case.

Trial or negotiated resolution

Depending on the strength of the evidence, your case may end in a dismissal, a negotiated plea, or a trial. With three-degree felony charges on the line, you want an attorney who is prepared to walk into a courtroom and try the case, not one who folds at the negotiating table.

Penalties for a third DWI conviction in Texas

The penalties for a third DWI conviction are severe, and they escalate quickly if aggravating factors like a child passenger, an accident causing injury, or a fatality are involved. Here’s how a third DWI charge compares to other DWI-related offenses under Texas law:

Offense	Charge	Maximum fine	Jail time
Third or subsequent DWI	Third-degree felony	$10,000	2–10 years
DWI w/ 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

As we said, third and subsequent DWI convictions are always felonies in Texas. Beyond the fine and jail time listed above, a third DWI conviction in Texas also carries:

• A driver’s license suspension of 180 days to 2 years
• Mandatory ignition interlock device installation, at your own expense
• Loss of certain civil rights that come with any felony conviction, including firearm ownership and voting rights while incarcerated

Maybe the most serious consequence of a conviction is the permanent felony record that can affect employment, housing, and professional licensing forever. It’s not hyperbole to say that a conviction for a third DWI can change the rest of your life for the worse — one reason Thiessen Law Firm believes your future is always worth the fight. 

What is the average sentence for a third DWI in Texas?

While every case depends on the specific facts, the county, and the judge, most third-DWI convictions in Texas that don’t involve serious aggravating factors (like an accident with injuries) tend to land in the lower-to-middle portion of the two-to-ten-year range, particularly when a skilled defense attorney has negotiated aggressively or presented mitigating evidence. Cases involving aggravated DWI, like those with a BAC far over the legal limit, an accident, or a child passenger, tend to draw sentences on the higher end.

What is the minimum sentence for third DWI?

Texas law sets a minimum sentence of two years in state prison for a third-degree felony DWI conviction, with a maximum of ten years. Even defendants who are granted probation instead of straight prison time are required to serve a minimum of ten days in county jail as a condition of that probation. There is no version of a third DWI conviction in Texas that comes with zero jail time.

Another reason why fighting the charge, rather than accepting a quick plea, matters so much at this level.

Can a third DWI be reduced in Texas?

Yes, third DWI charges can be reduced, though it isn’t guaranteed and depends heavily on the strength of the evidence against you. Prosecutors are more likely to agree to reduce a third DWI charge, or the penalties attached to it, when:

• There are demonstrable weaknesses in the state’s evidence, like an illegal stop or improperly administered chemical test
• Your attorney can present strong mitigating factors, including your personal history, employment, and community ties
• Negotiating a plea to a lesser included offense is genuinely in both parties’ interest given the facts of the case

Reduction isn’t something that happens by accident. It happens because an experienced trial attorney has built enough leverage, through investigation, expert testimony, and courtroom credibility, that the prosecution has real incentive to negotiate.

Can I get probation for a third DWI in Texas?

Probation is also possible for a third DWI in Texas, but it is far from guaranteed, and the rules are stricter than they are for probation on other criminal charges. As we said, if you are convicted of a third DWI and a judge or jury grants probation, you’ll still have to serve a minimum of ten days in county jail as a condition of that probation. Unlike some other offenses, Texas law does not allow for early release from DWI probation, meaning you serve the full term regardless of your compliance.

Probation eligibility depends on factors like your criminal history, whether you caused an accident, and the strength of your defense. Whether or not you are granted probation is incredibly discretionary, even for those who legally qualify. 

How Thiessen Law Firm fights third DWI charges

When you’re facing a felony charge, the deck is stacked against you. But a charge is not a conviction, and a strong defense can still prevail even against the most serious DWI charges. At Thiessen Law Firm, we build our defense around a few key questions in every case:

• Did the arresting officer have probable cause or reasonable suspicion to make the stop in the first place?
• Was the breath or blood test properly administered, calibrated, and handled according to protocol?
• Were your constitutional rights respected throughout the arrest?
• Is there a legitimate question about whether you were actually intoxicated at the time you were driving?

As an ACS-CHAL Forensic Lawyer-Scientist, Mark Thiessen brings a level of scientific credibility to DWI defense that few Houston criminal defense lawyers can match. He has successfully challenged breath and blood test results far over the legal limit, and he knows exactly where machines and procedures tend to break down. When the state’s “irrefutable” evidence turns out to be anything but, that’s where cases get won.

How much does a DWI lawyer cost in Texas?

The cost of hiring a DWI attorney in Texas varies widely depending on the complexity of your case, the county where you’re charged, and the experience level of the attorney. Felony-level DWI cases, including a third offense, typically involve significantly more attorney hours than a misdemeanor case, given the added complexity of grand jury proceedings, expert witnesses, and trial preparation.

We can tell you that a Houston DWI lawyer costs far less than the cost of a conviction for a third DWI, but we also understand that cost is a real concern when you’re already facing thousands of dollars in fines, surcharges, and lost income. That’s why we offer a free, no-obligation consultation to walk you through your case and what to expect.

Is deferred adjudication available for a third DWI?

No. Unlike a first-time DWI, DWI deferred adjudication is not available for a third or subsequent DWI charge in Texas. Once you have two prior DWI convictions on your record, the law treats any additional DWI arrest as a felony matter that must be resolved through dismissal, a negotiated plea, or trial. There is no deferred adjudication safety net waiting on the other side.

Third DWI in Texas FAQ

How long does a third DWI conviction stay on your record in Texas?

A third DWI conviction is a felony, and felony convictions in Texas are permanent. Unlike some first-offense DWIs, a third DWI conviction cannot be sealed, expunged, or removed from your record under the Texas Second Chance Law.

Will I lose my driver’s license after a third DWI arrest?

If you don’t hire an attorney to protect it, yes, either through the criminal case and the separate ALR process. A third DWI conviction carries a license suspension of 180 days to 2 years, on top of whatever happens at your ALR hearing following the arrest itself. Your attorney only has 15 days after your arrest to request an ALR hearing and save it.

Do I have to install an interlock device after a third DWI conviction?

Yes. Texas law requires an ignition interlock device for felony DWI convictions, including a third offense. You’ll be responsible for the installation and ongoing monitoring costs, which can add up over the length of your probation or license reinstatement period.

How long does a third DWI case take to resolve in Texas?

Felony DWI cases typically move slower than misdemeanor cases because they require grand jury indictment before trial. Depending on the county and the complexity of the evidence, a third DWI case can take anywhere from several months to over a year to reach resolution.

Is bail higher for a third DWI arrest than for a first or second?

Yes. Because a third DWI is charged as a felony, bail tends to run significantly higher than it would for a misdemeanor DWI arrest, and in some cases a judge may set additional conditions or deny bond entirely pending a hearing.

Can you refuse a breath or blood test on a third DWI stop in Texas?

You can refuse, but Texas’s implied consent laws mean refusal carries its own automatic license suspension, and on a third arrest, officers are far more likely to seek a warrant to compel a blood draw anyway. Refusal doesn’t guarantee the state won’t get a sample; it just changes how they get it.

What happens if I’m arrested for a fourth DWI in Texas?

A fourth DWI is prosecuted the same way as a third, as a third-degree felony, though prior felony convictions on your record can be used to argue for harsher sentencing or to oppose probation entirely. The stakes only increase with each subsequent arrest.

Can a third DWI conviction affect my immigration status?

It can. Felony convictions like those for third DWIs can carry serious immigration consequences for non-citizens, up to and including removal proceedings in certain circumstances. If immigration status is a concern in your case, it’s even more important to hire an experienced DWI attorney immediately.

What happens to my CDL after a third DWI in Texas?

A third DWI conviction, or even a third DWI arrest in some cases, is career-ending for commercial driver’s license holders. Federal regulations disqualify CDL holders from operating a commercial vehicle for life after a second serious traffic violation involving a CDL, and a felony DWI conviction will end most commercial driving careers outright. If you hold a CDL, your case needs immediate, aggressive attention from an attorney who understands what’s at stake beyond the criminal penalties.

Need a Houston third offense DWI lawyer? Call Thiessen Law Firm today.

The good news is that a third DWI in Texas is serious, but it’s not the end of the road. The bad news is that third DWI cases aren’t often won by just any attorney. You need a lawyer who understands the science behind blood alcohol testing as well as they know Texas law, and has a history of taking high-stakes felony DWI charges to trial that other attorneys would try to plead out.

Mark Thiessen and the team at Thiessen Law Firm have spent years taking impossible cases to court and winning them. Mark is the Houston DWI lawyer that other attorneys and even law enforcement refer their toughest cases to. If you’re facing a third DWI conviction, don’t wait to call him.

Don’t be a victim of junk science or bad police work. Hire an aggressive and creative attorney to defend your freedom as they’re your last line of defense. Call Thiessen Law Firm today at (713) 864-9000 or contact us online to schedule a consultation and begin defending your life.