What Happens If You Get a Third DUI in Texas?
A third DUI offense in Texas is a felony, carrying severe penalties that can drastically impact your life. Prosecutors take repeat DUI offenses seriously, often pushing for maximum penalties. Beyond legal consequences, a third DUI conviction can result in loss of driving privileges, substantial fines, and even prison time.
If you are facing felony DUI charges, you must act quickly to build a defense strategy. A strong legal defense, led by an experienced DUI lawyer from Dallas like Mike Howard, can mean the difference between lengthy incarceration and a reduced or dismissed charge.
Penalties for a Third DUI in Texas
Under Texas Penal Code § 49.04, A third DUI conviction in Texas is classified as a third-degree felony, meaning:
- 2 to 10 years in prison
- Fines up to $10,000
- Driver’s license suspension from 180 days to 2 years
- Mandatory ignition interlock device (IID)
- Substance abuse evaluation and possible treatment programs
- Up to 600 hours of community service
If you have prior felony convictions, penalties can be enhanced to a second-degree felony, carrying a prison sentence of up to 20 years.
A fourth DUI can result in life imprisonment, depending on your criminal history.
Can You Get Probation for a Third DUI?
Probation may be possible, but Texas courts impose strict conditions on felony DUI probation, including:
- Mandatory minimum jail time (at least 10 days)
- Random drug and alcohol testing
- Mandatory attendance at alcohol treatment programs
- Restricted driving privileges with an IID
- Lengthy probationary period (up to 10 years)
Can a Felony DUI Be Reduced in Texas?
Yes, a felony DUI can sometimes be reduced to a misdemeanor or a lesser felony. A skilled DUI defense lawyer may be able to challenge the evidence, negotiate with prosecutors, or argue for a plea deal that avoids the harshest penalties.
DWI Resources
For information about other DWI and Intoxication related offenses, see our other DWI/DUI page and other intoxication offense pages:
- First DWI Offense
- Second DWI Offense
- Intoxication Assault
- Intoxication Manslaughter
- DWI with Child Passenger
Defenses Against a Third DUI Charge in Texas
Defending against a third or subsequent DUI charge requires an aggressive and strategic legal approach. Common DUI defenses include:
Challenging the Traffic Stop
Law enforcement must have a valid reason to stop you. If the stop was unlawful, any evidence obtained afterward may be suppressed, leading to possible case dismissal.
Questioning the Accuracy of Chemical Tests
Breathalyzers and blood tests can be flawed due to improper calibration, maintenance issues, or human error. If test results are inaccurate, your attorney may challenge their reliability.
Field Sobriety Test Errors
Field sobriety tests (FSTs) are subjective and unreliable. Factors like medical conditions, poor weather, or nervousness can lead to false positives. Your lawyer may argue that the FST results are not valid evidence of intoxication.
Proving Violations of Your Rights
If police violated your constitutional rights during your arrest—such as failing to read your Miranda rights or conducting an illegal search and seizure—your charges could be reduced or dismissed.
Negotiating for Alternative Sentencing
In some cases, we may be able to negotiate for alternative sentencing options such as:
- Rehabilitation programs instead of jail time
- House arrest or community supervision
- Plea deals that reduce charges to a lesser offense
Can You Get Your License Back After a Third DUI?
If convicted, your license will be suspended for up to two years. However, you may be eligible for a restricted occupational license, which allows limited driving for work or essential activities. Your attorney can help you apply for this option.
Can a Third DUI Be Expunged in Texas?
A third DUI felony conviction cannot be expunged in Texas. However, if your case is dismissed or reduced, you may be able to seek expungement or non-disclosure to clear your record.
Contact a Dallas DWI Attorney Today
Being accused of driving while impaired, especially when you have previous charges on your record, can devastate your life and ruin your future. When you’re facing criminal charges for DWI, you probably feel overwhelmed. You won’t need to defend yourself alone. Attorney Mike Howard understands how stressful your situation and is ready to help you protect your freedom.
Mike takes a different approach to clients — his first concern is your wellbeing and understanding. He’s ready to hear your story, help you navigate the law to find the best solution for you, and take your case to trial if necessary. His experience as a prosecutor gives him unique insight into the tactics the prosecution may use. Our firm is ready to help.
Start Your DWI Defense Now
As a client-centered law firm, the Law Office of Mike Howard strives to protect our clients with compassion and integrity. We’ve helped clients with their DWI cases, helping them avoid the worst of their situation. We can help you, too. Call (214) 296-2221.
Our Proven Track Record
L.G. – DWI 3rd
Our client was facing a felony DWI due to his long record. In spite of his record and pretty bad facts, we took his case to trial and got a not guilty.
M.B. – DWI with Child Passenger
Even though his children were in the car when he got his DWI, we were able to get our client’s case reduced from a felony to a misdemeanor and get him time-served.
A.M. – DWI 2nd
Our client was a combat veteran with a previous DWI and a history of trauma related to his service. He has completed a prior pretrial diversion program so he wasn’t technically eligible for diversion again. We convinced the prosecutor to make an exception and his case was dismissed.
T.V. – DWI First
We took over our client’s case from another lawyer. He had been set for court many times before and was set for trial even though that’s not what he wanted. After one court setting we got his case reduced and got him deferred probation.
V.B. – DWI 1st > 0.15 BAC
Our client’s first DWI was enhanced due to a high blood alcohol score. We were able to get the enhancement dropped and avoid jail time.
