After two DWI convictions, a third DWI offense (habitual DWI) is a Third Degree 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 Third DWI charge a felony in Texas? Yes. 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 a 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 Texas? Yes. Out of state convictions may be used as the basis for enhancement.
What Happens After Third DWI Defense in Texas?
Everyone arrested in Texas 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 Texas must be indicted by a Grand Jury before the State may begin prosecution. Each district clerk’s office has their own procedures for notifying defendants of their court date. It is critical to never miss a court appearance while facing a DWI in Texas. Learn more.
- How much is bail for a DWI 3rd in Texas? A magistrate judge may set bail at any amount they choose, after considering factors like community safety and the likelihood of the defendant appearing in court. Typically bond for a Third Degree Felony, 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 Texas? 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 sentence cannot be waived or probated.
- Can you get probation for DWI 3rd in Texas? Yes. Everyone charged with DWI 3rd in Texas 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’s 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 Texas. 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.
