Being charged with a third DWI in Texas isn’t just another offense — it’s a felony that could dramatically alter the course of your life. While you may have navigated through previous DWI charges, a third offense is a completely different ball game. Here’s how:
- A third DWI in Texas is always felony that can come with 2 to 10 years in prison and up to $10,000 in fines
- Your license can be suspended for up to two years, with no driving for the first 180 days
- A felony record can limit jobs and revoke professional licenses
- You may lose housing options, firearm rights, and travel freedoms
- Expect steep legal costs, higher insurance rates, or loss of coverage
Don’t leave your future to chance. Guzman Law Firm has successfully defended clients against felony DWI charges and understands the complex nature of these cases. Our team can examine every aspect of your arrest, from the initial traffic stop to the administration of blood alcohol and sobriety tests, identifying potential defenses and working to protect your rights.
Contact us online or call (956) 516-7198 today to schedule a consultation and take the first step toward protecting your future.
1. A third DWI in Texas is a felony
Is DWI a felony in Texas? It is if you’re facing your third offense. While a first DWI in Texas is typically a Class B misdemeanor and a second DWI in Texas escalates to a Class A misdemeanor, under Texas third DWI laws — specifically Texas Penal Code Section 49.09 — a third DWI offense is classified as a third-degree felony, regardless of how much time has passed between offenses.
The typical punishment for third DWI in Texas often depends on specific circumstances surrounding your case. Beyond the standard 2–10 years in prison and up to $10,000 in fines, judges may consider aggravating factors that could push your sentence toward the maximum including:
- Having a blood alcohol concentration (BAC) of 0.15 or higher
- Having a child passenger in the vehicle
- Causing an accident
- Being uncooperative with law enforcement
Additionally, if you have other prior felony convictions, the punishment range could be enhanced to 25 years to life in prison under Texas’s habitual offender laws. The court may also order mandatory installation of an ignition interlock device, completion of alcohol education programs, and community service hours ranging from 160 to 600 hours.
2. Your license can be suspended for up to 2 years
When facing a third DWI, your driver’s license becomes immediately vulnerable under Texas Transportation Code Section 524. The Texas Department of Public Safety (DPS) initiates an administrative license revocation (ALR) process separate from your criminal case, meaning you could lose your license even before being convicted.
During this suspension period, the first 180 days are particularly restrictive — you cannot obtain an occupational license that would allow you to drive to work or school. After this initial period, you may petition the court for an occupational license, but approval isn’t guaranteed and typically requires proof of essential need, installation of an ignition interlock device, and SR-22 insurance coverage.
Even if granted, these restricted licenses limit when and where you can drive, often only allowing travel to work, school, medical appointments, or court-mandated programs.
Learn more: Can you get a CDL with DWI in Texas?
3. A felony record can limit professional opportunities
A third DWI conviction’s impact on your professional life extends far beyond the courthouse. When you’re convicted of a felony, various licensing boards must either suspend or revoke professional licenses. Teachers may face automatic suspension of their certification, nurses could lose their licenses, and real estate agents might have their licenses revoked.
Even without professional licensing concerns, Texas law allows employers to reject candidates based on felony convictions, and many companies have mandatory policies against hiring felons. Government jobs, positions involving driving, healthcare roles, financial services, and jobs requiring security clearance become particularly difficult to obtain or maintain.
Additionally, a felony conviction can prevent you from obtaining future professional licenses or certifications, effectively closing the door on certain career paths you might have considered for your future.
4. You may lose housing options, firearm rights, and travel freedoms
Just like any felony conviction, the typical punishments for a third DWI in Texas create barriers that extend into nearly every aspect of daily life. Federal and Texas housing laws allow landlords and property management companies to deny housing applications based on felony convictions, and many have policies automatically rejecting such applications. Public housing becomes largely inaccessible, as housing authorities typically ban felony offenders.
Additionally, a felony conviction permanently prohibits you from purchasing, owning, or possessing firearms. International travel becomes complicated since many countries, including Canada and Mexico, deny entry to individuals with felony DWI convictions, which can affect both vacation plans and business opportunities. Even domestic air travel may require special documentation or face additional screening.
5. Expect steep legal costs, higher insurance rates, or loss of coverage
The financial impact of a third DWI doesn’t end after your case concludes. Insurance companies typically either drop coverage entirely or dramatically increase rates — some drivers report their premiums tripling or quadrupling. Texas requires SR-22 insurance certification for at least two years following a DWI conviction, which further increases costs.
Additionally, you’ll face numerous court-mandated expenses including:
- Alcohol education programs ($70 – $200)
- Victim impact panels ($25 – $50)
- Ignition interlock device installation and monthly monitoring ($70 – $150 monthly)
Factor in potential lost wages from court appearances, mandatory programs, and possible job loss, and the total financial burden can easily exceed $50,000 over the course of several years.
Before you start feeling like your situation is hopeless, remember that these consequences only come into play if you’re convicted. A charge is not a conviction. With an experienced Laredo or San Antonio DWI attorney on your side, you can challenge the evidence, question the legality of the stop, and fight to protect your rights and freedom.
Third DWI in Texas — FAQs
How many DWIs can you have in Texas?
Texas doesn’t have a legal limit on the total number of DWI convictions a person can receive. However, penalties increase significantly with each conviction — while first and second offenses are misdemeanors, a third DWI becomes a felony, and any subsequent DWIs are also felonies with potentially harsher sentences.
What happens if you get a third DWI in Texas?
A third DWI charge in Texas is prosecuted as a third-degree felony, carrying potential prison time of 2 – 10 years and fines up to $10,000. Beyond criminal penalties, you face a driver’s license suspension of up to 2 years, mandatory installation of an ignition interlock device, and the lifelong consequences of having a felony record.
Is jail time mandatory for third DWI in Texas?
While Texas law doesn’t require mandatory minimum prison time for a third DWI conviction, judges rarely grant probation-only sentences for felony DWI cases. Most convicted defendants serve at least some jail time, even if they receive probation, though the exact amount varies based on the circumstances of the case and the judge’s discretion.
Can a third DWI be reduced in Texas?
Yes, a third DWI charge can potentially be reduced through plea negotiations with the prosecutor, particularly if there are issues with the evidence or procedural problems with the arrest. An experienced DWI attorney may be able to negotiate a reduction to a misdemeanor, obtain dismissal of enhancement paragraphs, or even get the entire case dismissed if there are significant legal issues with the state’s case.
Your future isn’t set in stone. Let Guzman Law Firm fight for your rights.
A third DWI in Texas only carries these severe consequences if you’re convicted — not simply because you’ve been charged. With experienced legal representation, there are numerous ways to challenge the evidence, question the legality of your stop, and protect your rights.
The DWI lawyers in San Antonio and Laredo at Guzman Law Firm understand what’s at stake and have a proven track record of defending clients against felony DWI charges. We meticulously examine every aspect of your case, from the initial traffic stop to the accuracy of blood alcohol testing, identifying weaknesses in the prosecution’s case and building the strongest possible defense strategy.
Don’t let a DWI charge determine your future. Contact us online or call (956) 516-7198 to schedule a consultation and learn how we can help protect your freedom, your rights, and your future.
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