DWI 3rd+ Offense in San Antonio

After two DWI convictions, a third DWI charge (habitual DWI) is a felony. The maximum fine is $10,000.00, and the maximum prison sentence is 10 years in a Texas Department of Criminal Justice (TDCJ) penitentiary. A conviction for this offense is permanent, requires a 10-day jail sentence, even if probation is granted, and results in a driver license suspension, as well as other serious, collateral consequences that come with being a convicted felon.

• Is a 3rd DWI charge a felony in San Antonio?Yes. A DWI 3rd or more charge is a felony. Even if a person received deferred adjudication for their first DWI, and was only convicted of a subsequent DWI, the third DWI charge will be classified as a felony.

• Do convictions over 10 years old count for DWI 3rd?Yes. All prior convictions, no matter how old, may be used as the basis for enhancement.
  
  

• Do out of state convictions count for felony DWI in San Antonio?Yes. Out of state convictions may be used as the basis for enhancement. 

What happens after the third DWI in San Antonio?

Everyone arrested in Bexar county is eligible to be released on bond. Third offense DWI charges come with higher bail amounts and more stringent conditions of release. All felony cases in San Antonio must be indicted by a Grand Jury before the State may begin prosecution. 

• How much is bail for a DWI 3rd in San Antonio?A magistrate judge may set bail at any amount they choose, after considering factors like community safety and the likelihood of the person appearing in court. Typically bond for a felony charge, like DWI 3rd, is $10,000.00 or more.

• What are bond conditions for DWI 3rd? The installation of deep lung devices that measure blood alcohol concentration (BAC), like an ignition interlock device, are required by law in all vehicles a person has access to operate. Additional conditions like drug testing, travel restrictions, and frequent pretrial reporting may be required as well.

DWI 3rd offense consequences

• Can you go to prison for felony DWI 3rd in San Antonio? Yes. The maximum prison sentence for a DWI 3rd is 10 years in Texas. A third (or more) DWI is classified as a Third Degree felony. While first-time DWI offenders can seek some leniency, the penalties for a third offense reflect the severity of Texas law.A conviction for a third DWI will result in a prison sentence of no less than 2 years and no more than 10 years. Even if probation is granted, all Defendants convicted of DWI 3rd or more in Texas are required to serve a minimum of ten days in jail as part of any plea agreement. This 10 day jail requirement cannot be waived or probated.

• Can you get probation for DWI 3rd in San Antonio? Yes. Everyone charged with DWI 3rd in San Antonio is eligible to make an application for probation, or as it is more commonly known as: Community Supervision. Probation can  be granted for a period of up to 10 years. In the event probation is granted, the 10 day jail sentence must still be served by law.It is important to note, however, that the decision to grant a defendant probation is entirely within the discretion of a judge or jury. It’s not a guarantee, and in many cases, it is an absolute longshot.

• How much does a 3rd DWI cost?It’s impossible to calculate the cost of a conviction for a DWI 3rd offense in San Antonio. In addition to attorney’s fees, court costs, and up to $10,000.00 in fines, a felony DWI conviction comes with a two-year driver license suspension and increased insurance rates. The lost wages from being incarcerated and/or classified as a convicted felon can be staggering. Housing, government benefit eligibility and other constitutional rights are also negatively impacted.