If you’re arrested and charged for a DWI a third time in the State of Texas, you’re facing serious criminal charges that in all likelihood will result in a felony case.
Although most 3rd offense DWIs are pursued as 3rd Degree Felony cases, there is a slight possibility that the Capitaine Law Firm can get the criminal court to handle the offense as a Class A Misdemeanor. This is usually possible if it was a long enough period of time since the last DWI, but keep in mind that 3rd DWI offenses should be considered felony cases.
Penalties for 3rd DWI Offenses
When a defendant is convicted in the court of law for a 3rd DWI offense the potential penalties are as follows;
- A Prison Sentence of 2 to 10 years TDCJ,
- Financial penalties (fines) of up to 10,000.00,
- & Texas Drivers License Suspension for a period of 180 Days to 2 Years.
As shown, the penalties increase for persons who are determined to be habitual DWI offenders making the need for an experienced lawyer a mainstay for defendants hoping to exploit legal loopholes and other opportunities that may be available to the defendant.
For persons jailed for a 3rd or subsequent DWI, and hoping to bond out, the court may impose a deep lung device vehicle attachment requirement as a condition of being granted bond which paves the way for the defendant to obtain an occupational or provisional drivers license as the case is litigated.
Probation is Possible
The possibility for probation is not lost for most defendants charged with a 3rd or more DWI, but there are a number of items the court will review & take into account prior to granting probation to a habitual DWI offender who is facing prosecution.
Listed below are some of the details the court will take into consideration prior to allowing probation.
- The length of time since the last arrest for Driving While Intoxicated.
- The details of the situation with the current case. Ex. Were drugs present? What was your Blood Alcohol Level?
- The court will also take into consideration any accidents or injuries that may have resulted due to the actions of the defendant.
- The court will also look into your history, and check your adherence to any previous probationary sentences.
If you’re granted probation for a felony DWI/3rd DWI offense, the conditions will likely include a requirement to work up to 600 hours of community service, 10-180 days county jail time, and the judge will likely assign you to a drug/alcohol awareness program.
If you or someone in your family was charged with a 3rd DWI in Houston, attorney Christian Capitaine WILL BE ABLE TO HELP. Send us a message by contact form, or call our office directly at 832-618-7831 for immediate service.