3rd DWI in Texas

Navigating the legal implications of a 3rd DWI in Texas can be overwhelming. This blog post aims to shed light on the consequences of a DWI in Texas, the penalties for a third offense, and other related concerns. Knowledge is power, and understanding the law can influence how you approach the charge and significantly impact the outcome of your case.

What Is the Definition of a DWI in Texas?

In Texas, Driving While Intoxicated (DWI) is defined as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. It also encompasses impairment due to other substances that could affect your ability to drive safely.

Is a DWI a Felony in Texas?

Whether a DWI charge is treated as a felony or a misdemeanor in Texas hinges on several factors, primarily the number of prior offenses and the specifics of the incident. A 3rd DWI offense is categorized as a third-degree felony in Texas, which is a serious charge with long-term implications.

What Are the Penalties for a 3rd Offense?

As mentioned above, a 3rd DWI offense elevates the charge to a third-degree felony. This comes with hefty penalties, including:

  • Up to $10,000 in fines
  • Between 2 and 10 years in prison
  • A license suspension for up to two years

What Factors Can Worsen the Charge?

Several factors can worsen the penalties you receive for a 3rd DWI in Texas, for instance:

  • Driving with a Child Passenger: Driving under the influence with a child passenger is seen as gross negligence, potentially leading to additional charges and heightened penalties.

  • Driving with an Open Container: Similarly, having an open container of alcohol in the car can worsen the situation, attracting further legal scrutiny and penalties.

Can You Still Drive with a DWI in Texas?

After a DWI, your driving privileges may be severely restricted. However, with the assistance of an attorney, you may be able to secure conditional driving privileges that allow for essential travel, like going to work or to medical appointments.

Is There a Difference Between DWI and DUI in Texas?

Yes, while both are serious offenses, a DUI (Driving Under the Influence) typically refers to minors under 21 with any detectable amount of alcohol in their system, whereas a DWI refers to individuals over 21 with a BAC of 0.08% or more. It is important to understand these distinctions as they carry different legal implications. Your attorney can advise you on the differences between DWI and DUI charges and the specific laws and penalties applicable in Texas.

How Long Will a 3rd DWI Stay on Your Record?

Like other felonies, a 3rd DWI becomes a permanent part of your criminal record. This is a lifetime designation unless you are able to have the offense expunged or sealed, which can be challenging for serious offenses like a 3rd DWI.

It is imperative to consult with an attorney who can advise you on the potential to expunge or seal your record, or at the very least, guide you on how to mitigate the impact of a 3rd DWI conviction on your life.

How Bad is a DWI? What are the Potential Repercussions of a DWI?

A 3rd DWI conviction in Texas has serious legal and personal implications. Apart from the stiff fines, jail time, and permanent felony record, a 3rd DWI conviction can impact your life for years to come:

  • Employment: Potential employers who conduct background checks will see this conviction, possibly impacting your job prospects.
  • Housing: Landlords may also conduct background checks, and a felony DWI conviction could hinder your housing search.
  • Insurance: Insurance companies often view individuals with DWI convictions as high-risk, leading to higher insurance premiums.

Steps to Take After a 3rd DWI Charge in Texas

Facing a 3rd DWI charge in Texas can be overwhelming, but taking the right steps after the charge can significantly impact the outcome of your case. Here is a step-by-step guide on what to do if you are charged with a 3rd DWI in Texas:

  1. Hire an Attorney: Securing legal representation should be your first move. An attorney can advise you on the intricacies of Texas DWI laws and build a strong defense on your behalf.
  2. Comply with the Legal Procedures: Adhere to all court dates, and follow the instructions provided by both your attorney and the court.
  3. Document Everything: Keep a record of all interactions related to your case, including dates, times, and the individuals involved.
  4. Seek Treatment if Necessary: If substance abuse is a recurrent issue, consider enrolling in a treatment program. Demonstrating a commitment to change can be favorable in court.
  5. Stay Informed: Stay updated on the progress of your case and maintain open communication with your attorney. Your attorney should offer to explain any legal jargon or procedures you are unfamiliar with.
  6. Prepare for the Financial Implications: Be ready for the costs associated with a DWI charge, including attorney fees, court costs, fines, and potential increases in insurance premiums.
  7. Explore All Legal Avenues: Work with your attorney to explore every possible legal avenue for your defense. This includes challenging the evidence, negotiating a plea deal, or exploring diversion programs.
  8. Maintain a Positive Outlook: A positive mindset, coupled with proactive actions, can make a substantial difference in your case. 

Facing a 3rd DWI charge in Texas is a serious matter. But, with the right legal counsel, it is possible to challenge the charges and work towards a favorable outcome.

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816 Congress Ave, Suite 950
Austin, Texas 78701

San Antonio Office
700 N St Mary’s St, Suite 1457
San Antonio, Texas 78205