Third DWI in Texas

A driving while intoxicated (DWI) offense, more commonly known as a DUI, in the state of Texas is a felony in itself. However, a simple first or second DWI is still a misdemeanor. Once a person receives a third DWI charge, that person faces a felony with serious consequences.

To be charged with a DUI offense in Texas, a person must be intoxicated and/or over the legal limit while operating or in physical control of a motor vehicle in a public place. Intoxicated is defined in Texas Penal Code 49.01 as the inability to use a person’s normal mental or physical powers, such as walking, talking, and maintaining balance, with usual effect. A person doesn’t have to have a BAC of more than 0.08 for this to happen, nor is a person with a BAC of more than 0.08 always affected to the point that he can’t use his normal abilities. However, both can result in a DWI arrest, the latter being a DUI offense “per se”.

Also, the actual physical control clause of the statute means that the person does not have to be driving to be arrested for DWI. Actual physical control means that the individual can be near or in a vehicle and be able to easily operate it, even if it is not running. This means that a DWI arrest can potentially occur if a person is disabled but below the .08 legal limit, and is standing outside or sitting inside their car without operating it.

Once charged with a DUI offense in Texas, it will be considered your third DWI if you have any of the following qualifying prior convictions:

• First and Second Simple DWI
• Navigating while intoxicated
• DWI with a minor passenger
• Intoxication Assault or DUI with Bodily Injury
• Homicide or vehicular homicide poisoning

The lowest possible offense if you are convicted of a third DWI is a third degree felony. In Texas, a felony is a serious crime that has serious repercussions for your future. A DWI conviction for a third degree felony could have the following punitive consequences:

• 2-10 years in prison, with a mandatory minimum of 2 years
• 180 day-2 year driver’s license suspension
• Fine of up to $10,000
• Installation of ignition interlock device
• Education about alcohol or controlled substances
• Alcohol or controlled substance treatment
• Course for repeat DWI offenders
• Ineligibility to vote or possess a firearm
• Disqualification from pursuing certain educational opportunities and occupations

These consequences can have a serious impact on your life and the lives of your loved ones. If you are facing a third DWI charge in Texas, it is important to begin your defense strategy immediately. A qualified Texas DWI defense attorney will be able to help you protect your rights and may be able to achieve a more favorable outcome in your case.