3rd DWI in Texas: Understand 3rd-Degree DWI Laws & Penalties

What You Need to Know About a Third DWI Offense in Texas

A DWI third offense Texas is a third-degree felony with severe, life-altering penalties. Unlike misdemeanor first and second offenses, a third conviction means facing state prison, substantial fines, a lengthy license suspension, and a permanent felony record.

Quick Facts: Third DWI Offense in Texas

• Classification: Third-degree felony under Texas Penal Code §49.09
• Prison Time: 2 to 10 years in Texas Department of Criminal Justice (TDCJ)
• Fines: Up to $10,000 (plus state surcharges of $1,500-$2,000 annually for 3 years)
• License Suspension: 180 days to 2 years
• Mandatory Jail Time: Minimum 10 days even with probation
• Community Service: 160 to 600 hours required
• No Lookback Period: All prior DWI convictions count, regardless of how long ago they occurred
• Permanent Record: Cannot be expunged or sealed in Texas

Texas has no lookback period, meaning a DWI from 20 years ago counts the same as one from last year. With two prior DWI convictions from anywhere in the U.S., a third arrest is automatically a felony. This is especially true in Houston and Harris County, where prosecutors aggressively seek harsh penalties for repeat offenders. A felony conviction can destroy employment opportunities, housing prospects, professional licenses, and firearm rights. The stakes are not just about jail time; they are about your entire future.

I’m Herman Martinez, founder of The Martinez Law Firm. As a former Chief Prosecutor for the Harris County District Attorney’s Office, I have over 25 years of experience on both sides of the courtroom. This unique perspective on Texas DWI third offense cases gives me insight into how prosecutors build their cases and, more importantly, how to dismantle them to protect my clients’ freedom.

The Felony Hammer Falls: Criminal Penalties for a DWI Third Offense Texas

When you’re arrested for a DWI third offense, the charge is elevated from a misdemeanor to a felony. That single word carries immense weight in Houston and Harris County courtrooms, where judges view repeat offenders as a significant public safety risk.

The difference is stark: county jail for misdemeanors versus state prison for felonies. A felony conviction follows you permanently, affecting job applications, housing, professional licenses, and even your right to own a firearm. The situation can worsen with aggravating factors, such as having a child passenger under 15, a high blood alcohol concentration (BAC), or causing an accident. These factors often push prosecutors to seek the harshest penalties available.

Third-Degree Felony Prison Time and Fines

A DWI third offense Texas is a third-degree felony, punishable by two to ten years in the Texas Department of Criminal Justice (TDCJ). This is state prison time, not a stay in a county facility. The financial penalties are also severe, with fines reaching up to $10,000, not including thousands more in state surcharges and other costs.

Penalties can be improved further. If you have a prior felony conviction with a prison sentence, a third DWI can be upgraded to a second-degree felony, carrying two to 20 years in prison. With two prior prison trips, you could face 25 years to life under Texas’s habitual offender laws. Texas Penal Code §49.04 details these severe penalties, showing how seriously the state treats repeat offenses.

Driver’s License Suspension and ALR Hearings

Beyond criminal court, a DWI third offense Texas arrest triggers an immediate administrative process to suspend your driver’s license for 180 days to two years. This is handled by the Texas Department of Public Safety (DPS), not the criminal court.

From the moment of your arrest, you have only 15 days to request an Administrative License Revocation (ALR) hearing. If you miss this critical deadline, your license is automatically suspended. The ALR hearing is your chance to challenge the suspension by cross-examining the arresting officer and questioning the evidence. Information on these hearings is available from the Texas Department of Transportation (TxDOT). If your license is suspended, you might qualify for an occupational license for essential driving, but it will come with strict restrictions and likely require an ignition interlock device.

State Surcharges and Financial Burdens

The financial impact of a third DWI extends far beyond court fines. Texas imposes annual surcharges of $1,500 to $2,000 for three years to maintain your driver’s license after a conviction. That’s up to $6,000 in surcharges alone.

Additional costs include court fees, mandatory DWI education programs, substance abuse evaluations, and ignition interlock device installation and maintenance. Your auto insurance rates will also skyrocket, and you’ll be required to carry expensive SR-22 insurance for high-risk drivers for at least three years. The total financial cost of a DWI third offense in Texas can easily exceed $50,000, not counting lost income from a potential prison sentence or felony record.

Navigating Probation and Mandatory Requirements

Receiving probation, or community supervision, for a DWI third offense Texas is not a lenient outcome. The conditions are demanding and strictly enforced, especially in Harris County. Any violation can result in the revocation of your probation and activation of your original prison sentence.

Probation means serving your sentence in the community, but it requires strict adherence to a long list of rules designed to ensure accountability and public safety.

Strict Conditions of Community Supervision

Even with probation for a DWI third offense, you must serve a mandatory minimum of 10 days in county jail. This is non-negotiable. Other conditions include:

• Community Service: 160 to 600 hours of unpaid service.
• DWI Intervention Program: A specialized course for repeat offenders.
• Substance Abuse Evaluation: A mandatory assessment that may lead to required counseling or treatment programs.
• Regular Testing: Frequent and random drug and alcohol tests. A single failed test can lead to probation revocation.

Failing to meet any of these conditions, such as missing an appointment with your probation officer or failing a drug test, can have swift and severe consequences, often resulting in a motion to revoke your probation and send you to prison.

The Ignition Interlock Device (IID) Mandate

An Ignition Interlock Device (IID) is a near-certain requirement. This device is a breathalyzer connected to your car’s ignition, which prevents the vehicle from starting if it detects alcohol on your breath. The IID also requires random “rolling retests” while you are driving.

An IID is typically mandatory as a condition of bond while your case is pending, as a condition of probation, and often as a requirement to restore your driving privileges after your sentence is complete. The Texas Department of Transportation (TxDOT) may require it before you can legally drive again.

You are responsible for all costs, including installation ($70-$150) and monthly monitoring fees ($60-$80). While inconvenient and expensive, an IID may be the only way to retain limited driving privileges for essential needs like work and medical appointments, which can be crucial for maintaining stability while facing charges in the Houston area.

Life After Conviction: The Lasting Consequences of a Felony DWI

A DWI third offense Texas conviction creates a permanent felony record that brings lifelong obstacles. These collateral consequences—the secondary punishments not part of the official sentence—are often more challenging than the prison time or fines. In Houston’s competitive job and housing markets, the stigma of being a “convicted felon” can be devastating.

Impact on Employment, Housing, and Professional Licenses

With a felony DWI on your record, finding a job becomes incredibly difficult. Most employers conduct background checks, and a felony is an immediate red flag. Jobs involving driving, handling money, or requiring security clearances are often out of reach. Texas is an “at-will” employment state, so even your current job may be at risk.

For licensed professionals like nurses, teachers, and real estate agents, a felony conviction can trigger disciplinary action from state licensing boards, potentially leading to license suspension or revocation. This can be a career-ending event.

Housing is another major hurdle. Landlords frequently run background checks and may automatically reject applicants with felony convictions, limiting your options and creating housing insecurity. These barriers to employment and housing can create a difficult cycle to escape.

Loss of Civil Rights: Firearm and Voting Rights

A felony conviction for a DWI third offense Texas also results in the loss of fundamental civil rights. Under federal law, a convicted felon is permanently banned from owning or possessing firearms. This lifetime ban on firearm ownership rights can only be reversed through a pardon, which is extremely difficult to obtain.

Your right to vote is also suspended in Texas while you are serving your sentence, which includes time in prison, on parole, or on probation. Once you have fully completed all terms of your sentence, your voting rights are automatically restored. However, this period of disenfranchisement can last for many years, serving as another constant reminder of your felon status.

Building a Defense Against a Third DWI Charge

Facing a DWI third offense Texas charge is daunting, but an arrest is not a conviction. A strong defense is possible. At The Martinez Law Firm, my experience as a former Chief Prosecutor for Harris County provides a critical advantage. I know how prosecutors build these cases, which means I know how to find the weak spots and dismantle their arguments.

In Houston, you need a defense attorney who understands the system from the inside out. We scrutinize every detail of your case to challenge the prosecution’s evidence and protect your constitutional rights.

Common Defense Strategies for a dwi third offense texas

Every DWI case has potential vulnerabilities. Our defense strategies often focus on:

• Illegal Traffic Stop: Police need reasonable suspicion to pull you over. If the stop was unlawful, all evidence gathered afterward may be suppressed.
• Field Sobriety Test Errors: These tests are subjective and often administered incorrectly. Factors like medical conditions, fatigue, or poor conditions can render the results unreliable.
• Inaccurate Breath or Blood Tests: Breathalyzers require proper calibration, and blood samples must follow a strict chain of custody. We investigate maintenance logs, technician qualifications, and handling procedures for errors that could invalidate the results.
• Challenging Prior Convictions: The prosecution must prove your two prior DWIs. We examine the records of these convictions, especially those from out-of-state, for procedural flaws that could prevent them from being used to improve your charge to a felony.
• Procedural Errors: We review the entire arrest for violations of your rights, such as an improper reading of Miranda rights or mishandling of evidence.

Can a Texas DWI third offense charge be reduced or dismissed?

Yes, it is possible to achieve a reduction or dismissal, though it is challenging. By exposing weaknesses in the state’s case—such as a questionable stop or unreliable tests—we can create leverage for plea negotiations. This can lead to reduced charges or more favorable sentencing recommendations.

While uncommon, reducing a felony DWI to a misdemeanor is possible if there are significant legal flaws in the case. Case dismissal is the ultimate goal, which we pursue when the state cannot prove its case beyond a reasonable doubt or when critical evidence is suppressed due to constitutional violations.

My background as a former Harris County prosecutor gives me an insider’s perspective on how to counter the state’s arguments. This experience is invaluable when your freedom and future are on the line.

Frequently Asked Questions about a Third DWI in Texas

If you’re facing a DWI third offense charge in the Houston area, you likely have urgent questions. Here are straightforward answers to some of the most common concerns we hear at The Martinez Law Firm.

Can a third DWI conviction be expunged or sealed in Texas?

No. Under Texas law, DWI convictions cannot be expunged. Furthermore, a felony conviction like a dwi third offense texas is ineligible for an order of non-disclosure (record sealing). This means a conviction will remain on your criminal record permanently, visible to anyone who runs a background check. This is why fighting the charge from the outset is so critical.

What is the difference between a 3rd DWI and other felony DWI charges?

A third DWI is a felony based on your history of prior offenses. However, you can face a felony DWI charge even on a first offense if aggravating factors are present:

• Intoxication Assault: Causing serious bodily injury to another person while driving intoxicated. This is a third-degree felony, with penalties similar to a third DWI.
• Intoxication Manslaughter: Causing the death of another person due to intoxication. This is a second-degree felony, carrying a prison sentence of two to 20 years.

The key difference is the reason for the felony charge: a third DWI is based on repeat offenses, while the others are based on the harm caused in a single incident.

Do prior DWI convictions from other states count in Texas?

Yes, they almost always do. Texas is part of the Interstate Driver’s License Compact, an agreement among states to share information on traffic violations, including DWIs. Prosecutors in Harris County will use this system to pull records from other states to prove your prior convictions.

However, proving an out-of-state conviction is not always simple. The prosecution must show that the offense in the other state is legally equivalent to a Texas DWI. An experienced defense attorney can scrutinize these records for procedural errors, documentation issues, or legal differences that could disqualify the prior conviction from being used to improve your charge. Challenging these priors can sometimes mean the difference between a felony and a misdemeanor.

Facing a 3rd DWI in Houston? Take Action Now

A DWI third offense Texas charge is a direct threat to your freedom and future. In Houston and Harris County, prosecutors seek maximum penalties, including years in state prison and a permanent felony record that can cost you tens of thousands of dollars and follow you for life.

This feels overwhelming, but remember: a charge is not a conviction. You have options, but you need an attorney with the right experience to fight for you.

As a former Chief Prosecutor in the Harris County District Attorney’s Office, I know the strategies the other side will use because I used them myself. At The Martinez Law Firm, we use that insider knowledge to dismantle the prosecution’s case, challenge the evidence, and protect our clients’ rights.

The stakes are too high to wait. Critical deadlines, like the 15-day window to save your driver’s license, are passing. Evidence can be lost and witnesses’ memories fade. Your defense must start now.

Don’t let a DWI conviction define your life. You need a proven fighter in your corner. Contact The Martinez Law Firm today for a comprehensive case evaluation, and let’s start building your defense together.

Get help from an experienced Houston DWI lawyer

About the author