Third Offense DWI/DUI in Texas

Texas does not take driving under the influence lightly. A third DUI in Texas is an extremely serious offense and the penalties that you face can be stiff.

Felony vs. Misdemeanor

Your first two DUI convictions are misdemeanors. However, if you are found guilty of a third DUI, you will be convicted of a third degree felony.

Lookback Period

Before you consider the possible penalties, realize that Texas has a 10-year lookback period. If your first DUI conviction occurred more than a decade ago, this charge will not be considered a third offense. If your first conviction did occur within the past 10 years, the information that follows pertains to you.

Administrative Penalties

You should have received a temporary driver's license. If you do not request a hearing with the Texas Office of Administrative Hearings, this document will expire and you will lose your driving privileges for a year.

If you request the hearing and attend, the actions of the arresting officer and your blood alcohol content (BAC) will be assessed. If it is found that the officer's actions were legal and that you had a BAC of .08 or higher, you will still lose your driving privileges for a year, even if you have not been convicted.

Criminal Penalties

If you are convicted, the court can suspend your driver's license for an additional two years. You will be subject to fines up to $10,000. In addition to this, you will be required to pay the DUI surcharge at a rate of $1,500 per year for three years. If your BAC was above .16, this amount increases to $2,000.

You will be required to engage in community service for at least 80 hours, but a judge may order as many as 200 hours of service. Being convicted also poses a very real threat of going to prison. You will be subject to a sentence ranging from two to ten years. Probation is available in some cases, but the circumstances under which this will be granted vary from one court to another.

Being convicted of DUI three times in Texas is a strong indicator to the court that you may have a substance abuse problem. The court has the authority to order your confinement in a substance abuse facility for up to a year in lieu of incarceration.

Plea Options

You need to contact an experienced drunk driving attorney as soon as possible. It is only after obtaining professional advice that you should decide how to plead. Contrary to popular belief, conviction is not certain when a person has legal representation. It is often difficult to negotiate a plea bargain for a third offense. With the assistance of a skilled attorney, it may be possible to negotiate a lesser charge or fewer penalties, especially if your defense capitalizes on the possibility of a substance abuse problem.