Being convicted of a third driving while intoxicated (DWI) offense may bring severe penalties that affect all aspects of your life. Unlike a first or second offense, a 3rd DWI offense is a felony, carrying increased jail time, fines, and the stigma of a felony conviction. If the state has charged you with a third DWI, hiring an experienced 3rd DWI defense attorney is vital to minimize the charge’s impact on your life.
The lawyers at Austin Hagee Law Firm have the proven experience to help you respond to the charges against you. We identify flaws in the prosecution’s case, relying on our legal knowledge and understanding of DWI investigatory techniques. Contact us to speak with an attorney about your options.
When Might You Be Charged with a Third DWI in Texas?
In Texas, a person commits DWI when they operate a motor vehicle in a public place while intoxicated. Before you are charged with a third DWI offense, you must have been convicted of at least two previous DWI or DWI-related offenses.
DWI Definitions
You are legally intoxicated if you have a blood alcohol concentration (BAC) at or above 0.08 or if you lack your normal mental and physical faculties because you ingested alcohol, a controlled substance, or a drug. You have been convicted if you were found guilty following a trial or pled guilty to a previous charge.
First DWI
A first-offense DWI is a Class B misdemeanor carrying a minimum jail term of 72 hours. The offense can change in the following circumstances:
- Driving with an open container of alcohol — minimum jail term increases to six days;
- Having a BAC of 0.15 or higher — becomes a Class A misdemeanor; and
- Driving with a passenger aged 14 or younger — becomes a state jail felony.
As a Class B misdemeanor, a first-offense DWI is punishable by up to 180 days in jail, a fine up to $2,000, or both.
Instead of jail time, a judge may order community supervision (probation) if you agree to participate in a rehabilitative educational program. The judge may also order community service instead of a fine. Every eight hours of community service discharges $100.
The state may also suspend your driver’s license. License suspension occurs automatically when you are charged with DWI, but you can challenge the suspension at an administrative hearing.
DWI-Related Offenses
For charging and punishment enhancement purposes, the following DWI-related offenses are essentially equivalent to DWI:
- Operating an aircraft while intoxicated — Class B misdemeanor;
- Operating a watercraft while intoxicated — Class B misdemeanor, becomes a state jail felony if a minor age 14 or under is present in the boat; and
- Operating or assembling an amusement ride — Class B misdemeanor, penalty increases to six days in jail if an open container of alcohol was within immediate possession.
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You may be charged with a more serious offense if you harm others during the offense. You commit intoxication assault if you cause serious bodily injury to someone else, a third-degree felony. You commit intoxication manslaughter if you cause someone’s death, a second-degree felony.
Second DWI
Committing a second DWI or equivalent offense is a Class A misdemeanor carrying a minimum jail term of 30 days, up to one year in jail, a fine of up to $4,000, or both. A judge may order community service or supervision instead if you complete a rehabilitative educational program aimed at repeat offenders.
If you committed the second offense within five years of the previous offense, you must buy and install ignition interlock devices in all vehicles you regularly operate. This device prevents the car from running based on the driver’s BAC.
If your previous arrest occurred in the last ten years, the state may suspend your license for up to two years. If the previous arrest occurred outside the last ten years, the state may suspend your license for up to 180 days.
What Happens if You Are Convicted of 3rd DWI?
If you are charged with another DWI offense after conviction of a second DWI offense, it is a third DWI charge. Third DWI is a third-degree felony that is punishable by two to ten years in prison and up to a $10,000 fine. A third DWI conviction subjects you to the same ignition interlock requirements and license suspension rules as a second conviction. However, a third conviction may make the state more likely to attempt to revoke your license, not just suspend it.
In sum, the typical punishment for 3rd DWI in Texas may include:
- Two to ten years in prison;
- Up to a $10,000 fine;
- Completion of a habitual offender rehabilitative program;
- Installation of ignition interlock devices; and
- Driver’s license suspension between 180 days and two years.
If you wonder how to avoid jail time for 3rd DWI in Texas, a judge may order community supervision in lieu of prison time if it is in the best interests of you, justice, and the public. As a felony, the judge must order community supervision equivalent to the required prison time. So, if a judge orders you to complete community supervision instead of prison, the supervision lasts two to ten years.
How Can a 3rd DWI Defense Attorney Help?
With the serious associated penalties, you may be wondering about your options. Can the charges be reduced? Can a 3rd DWI be dismissed in Texas? How can you minimize the impact of the charges against you?
Having a knowledgeable, experienced defense attorney to defend you against a third DWI charge is essential. Depending on the circumstances, your lawyer may be able to:
- Prevent automatic driver’s license suspension,
- Help you keep your driving privileges,
- Get evidence obtained in violation of the U.S. Constitution thrown out,
- Challenge the legitimacy of testing that measures your intoxication level,
- Negotiate a plea deal,
- Obtain an acquittal,
- Reduce sentences or fines, or
- Secure community supervision or community service.
When you meet with your attorney, you discuss your options in the situation. We can help you understand how to minimize the impact of conviction if it occurs.
Contact Austin Hagee Law Firm
The consequences of a third DWI conviction can wreak havoc on your life. However, options exist to minimize the effects of the charge or even dismiss the charge entirely. Hiring Austin Hagee Law Firm’s DWI defense attorneys will allow you to present the best outcome for you. Reach out today.