Third-Offense DWI Charges

A third conviction for DWI is treated as a third-degree felony, no matter what your BAC level is. The penalties are as follows:

• Maximum fine of $10,000
• Texas state prison sentence of between two and 10 years
• Driver license suspension of up two years

Intoxication Defined

Texas law defines intoxication as either a BAC level of .08 or higher or loss of control of the normal use of your mental or physical faculties due to the introduction of alcohol or other dangerous drug. A BAC level of .08 or higher is per se (direct) evidence of intoxication. This means that even if you feel completely fine behind the wheel and do not exhibit any classic signs of intoxication (such as slurred speech or loss of balance) you can still be convicted of driving while intoxicated if the state can prove your BAC was .08 or higher at the time of operating the vehicle. This can be shown either through a breath or blood test.

Besides a high BAC level, the State can convict you for DWI if they can provide enough evidence that you lost control of your mental or physical faculties due to the introduction of alcohol or other dangerous drug. Unlike the BAC level, this is typically proven through circumstantial evidence. Evidence of loss of control of metal or physical faculties can include:

• Poor judgment when driving (such as swerving between lanes of traffic or driving significantly under the speed limit)
• Slurred speech
• Bloodshot and glossy eyes
• Poor performance of the Standard Field Sobriety Tests (SFSTs)
• Odor of an alcoholic beverage
• Admission to drinking
• Loss of balance
• Stumbling when reaching for driver’s license or insurance
• Inability to follow directions

It is important to note that no one factor is enough for the state to convict you. The state will need to provide enough direct or circumstantial evidence to prove you were driving while intoxicated beyond a reasonable doubt

No deferred adjudication for felony DWIs.

Deferred adjudication is a special type of probation that results in a dismissal if you successfully complete it. As is the case with DWI 2nds, Texas law prohibits judges from granting deferred adjudication for felony DWIs. This means that if you accept a plea bargain agreement, you will have a felony conviction on your record even with probation. Having a felony conviction can severely limit your employment prospects, your ability to find housing, and professional licenses.

There is no Lookback Period In Texas

In some states, there is something called a “lookback period,” which determines if a prior DWI conviction counts for determining the severity of a charge. For example, in a state with a 10-year lookback period, a prior conviction from 11 years prior would not be considered, which means the charge would be treated as a first offense.

However, Texas does not have a lookback period for DWI offenses. Every conviction on your record will be used when determining the severity of your current charge. Whether the prior conviction happened last month or 20 years ago, the State can use it to upgrade your charges. This includes DWI convictions outside of Texas.

How an Attorney Can Help

You have the opportunity to challenge the State’s case and fight back against a conviction. Working with an attorney might include arguing for your innocence or even challenging the validity of one of your prior convictions. While your strategy could lead to an acquittal at trial or the dismissal of your charges, your attorney might also be able to negotiate a lesser offense, such as a misdemeanor DWI 2nd which will allow you to avoid having a felony conviction on your record.

Talk to Barton & Associates, Attorneys At Law, PLLC, About Your Third DWI

Before you consider a plea bargain, it is in your best interest to speak with a criminal defense attorney about your options. The team at Barton & Associates, Attorneys at Law, PLLC, can help you evaluate the strengths and weaknesses of your defense strategy and potentially take your case to trial. Give yourself the best chance to avoid a conviction. Contact us today for a private consultation.