What are the Consequences of a Third DWI in Texas?

A third DWI is a felony in Texas.

The consequences of a third DWI in Texas are severe because the law assumes there’s a pattern. Anything (or almost anything) can happen once. Two occurrences could be a coincidence, especially if the facts are substantially different. Three DWIs definitely indicate that the defendant has a drinking problem and should not be driving, at least according to legislators and prosecutors.

The harsh direct and indirect consequences of a third DWI are irrelevant if a Ft. Worth criminal defense lawyer mounts a successful defense to the charges. Most DWIs have procedural, substantive, and/or affirmative defenses. A defense need not be strong enough to “beat” the case. A defense must only be strong enough to create a reasonable doubt in court.

Is a Third DWI a Felony in Texas?

Yes. Under Texas Penal Code Section 49.09, a third DWI conviction is a third-degree felony. This charge enhancement applies regardless of how long ago your prior convictions occurred. Texas does not have a “look-back” period for DWI enhancements. So, even decades-old convictions can be used to elevate the charge.

A felony conviction carries significantly harsher penalties than misdemeanor DWIs and can permanently affect your freedom, career, and reputation. A third DWI conviction in Texas can result in:

• 2 to 10 years in prison,
• Up to $10,000 in fines,
• Drivers’ license suspension of up to 10 years,
• Mandatory installation of an ignition interlock device, and
• Court costs and annual surcharges.

Aggravating factors, such as a high blood alcohol concentration (BAC), having a child passenger, or causing an accident, substantially increase the penalties for a third DWI, especially in Tarrant County.

Judges may grant probation in some cases. A Ft. Worth criminal defense lawyer might or might not recommend probation for a third DWI.

Felony probation often includes strict conditions such as regular alcohol testing, DWI education programs, community service, and compliance monitoring. Because of this ongoing burden, a brief prison sentence might be preferable to potentially a decade of intensive court supervision.

Driver’s License Consequences

Before we dive into this point, let’s examine the difference between driver’s license suspension, which was mentioned above, and driver’s license revocation, which is possible as well.

Drivers can reactivate suspended licenses after the suspension period ends if they pay reinstatement fees and provide proof of insurance. A revoked license cannot be reactivated. Drivers must start the application process anew, and a history of drunk driving convictions could be disqualifying.

After a third DWI arrest, the Texas Department of Public Safety (DPS) can initiate an Administrative License Revocation (ALR) process. This civil matter is separate from the criminal case.

Furthermore, as is the case for all DWI matters, a breath or blood test failure or refusal could trigger pre-conviction driver’s license suspension. Post-conviction long-term suspension is common, and a limited driver’s license usually includes an ignition interlock device requirement.

Long-Term Consequences of a Third DWI

Unfortunately for defendants, the impact of a third DWI conviction goes far beyond the fines, jail time, and other direct penalties.

• Permanent Felony Record: A felony DWI conviction cannot be sealed or expunged in most cases. As a result, it indefinitely appears on background checks, potentially affecting employment, housing applications, and professional licensing.
• Employment Challenges: Independent of the felony record, Many employers are reluctant to hire individuals with felony convictions. Mostly for insurance reasons, careers that require driving, security clearance, or professional certifications may become unavailable.
• Loss of Civil Rights: Convicted felons in Texas could lose the right to possess firearms, vote, or serve on a jury.
• Higher Insurance Rates: Auto insurance premiums often skyrocket after a third DWI conviction. Some drivers may be forced to obtain high-risk SR-22 insurance coverage, which is significantly more expensive.

These indirect penalties have severe financial consequences. The average cost of a DWI usually exceeds $20,000.

Work With a Hard-Hitting Tarrant County Attorney

Felony DWI convictions ruin lives. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Convenient payment plans are available.