Houston DWI Lawyer on the Third or Subsequent DWI
For individuals that have previously been convicted of driving while intoxicated (DWI), the consequences for a third or subsequent conviction can be extremely serious. Prosecutors will often charge the third DWI offense as a felony. Obtaining experienced representation as soon after the arrest as possible is important so that all avenues of attacking the third DWI are preserved.
For many these cases of a third or subsequent DWI, the attorney is fighting not only the DWI accusation but any finding that a prior DWI can be used to enhance the penalties at sentencing.
Attorney Matt Horak created this website to provide you with general information about the potential punishments that can result from a third DWI conviction under Texas law. No substitute exists, however, for discussing the particular facts of your drunk driving case with an experienced Houston DWI lawyer. Call Horak Law at (713) 225-8000 to discuss your arrest for any third DWI in Houston, Harris County, and the surrounding areas, including The Woodlands in Montgomery County, Texas.
Third DWI Felony Penalties under Texas Law
Under Texas law, if an individual is arrested for DWI after two prior drunk driving convictions, the third offense can be charged as a felony. After the third arrest for any drunk driving case, Texas law requires the court to impose certain conditions on the bond as a condition of release from jail. Although, many Texas criminal defense attorneys have argued that these special bond requirements run afoul of the presumption of innocence, the Texas courts have consistently upheld these special bond provisions as necessary for public safety.
Special Conditions of Release from Jail on Bond After a Third DWI Arrest
After a third DWI arrest, the Court will impose a “Condition of release for Jail on Bond” which requires the individual to install and use an ignition interlock device. The ignition interlock device is a deep lung air machine that prevents the vehicle from starting until the driver blows into the machine to make sure that the driver has not consumed any alcoholic beverages.
Statutory Minimum Mandatory Requirements for a Third DWI under Texas Law
Under Texas law, a third conviction for DWI is classified as a third-degree felony. In most cases, the courts are required to impose certain minimum mandatory punishments, including:
- A fine not to exceed $10,000;
- The court can impose jail time in the Texas State Prison system for not less than two (2) year or more than ten (10) years;
- The court can impose up to two (2) years of probation or community supervision;
- The court must order an ignition interlock device (IID) which requires a deep lung air sample to be provided before the vehicle will start for all individuals convicted of a third or subsequent DWI crime as a condition of bond and before the individual can obtain any provisional or occupational driver’s license that might be awarded after the DWI conviction;
- As part of the community control (probation), the court must impose at least 160 hours of community service but may require up to 600 hours of community service;
- Driver’s license suspension of not less than 6 months or more than 2 years (which does not begin until any period of confinement is served).
If you have prior DWI or DUI convictions in Texas or another state, it’s vitally important to seek the services of a criminal defense attorney experienced in handling Texas DWI cases. A conviction for a felony DWI charge will have far greater consequences
Horak Law | Texas Attorney for Multiple DWI Offenses
If you have been arrested for a third or subsequent DWI, then contact an experienced DWI defense attorney in Houston to talk about the particular facts and circumstances of your drunk driving case. Matt Horak is available to talk with you about your drunk driving case involving a third, fourth, fifth, or any subsequent DWI arrest.
Call Horak Law if you were arrested for DWI anywhere in Houston, The Woodlands, or surrounding counties of Harris, Montgomery, Fort Bend, Brazoria, Galveston, Liberty, or Waller Counties.