Penalties For A Third DWI In Texas
Even if you have been arrested for your third DWI offense, you are still entitled to the best legal defense. A third, fourth or subsequent drunk driving charge is no doubt more serious of a charge than a first or second DWI, but a charge of this nature still does not mean that conviction is imminent.
In Texas, you may face the following penalties upon conviction of your third DWI:
- Up to 10 years in prison
- Up to $10,000 in fines
- Community service
- 3rd degree felony charge
- 2 year license suspension
It is important to remember that a third DWI conviction within a 10 year period of your first conviction will be considered a felony. This is called a “lookback period,” and it applies to third and subsequent DWIs. Typically, a DWI charge is only a felony if it involves the injury or death of another, but in cases where there are multiple DWIs then it will also be considered a felony offense.
Can I Fight A License Suspension?
As far as your civil proceedings are concerned, the same 15-day rule will apply for third DWI cases. From the time of your arrest, you will have 15 days in which you can request an ALR Hearing . This hearing can be requested by submitting the appropriate form to the Department of Public Safety (DPS). If the driver does not submit this form within the 15 day window, their license suspension will be made permanent. This will go into effect 41 days after the notice of suspension was received. If a driver makes this request within the 15 day window, but their hearing is scheduled more than 41 days later, their temporary driving permit will be extended.
DWI Plea Bargains
Plea bargains are rare in cases of DWI offenses, but they are not impossible. A plea bargain is a type of arrangement between the defendant and the court. In these scenarios, the defendant will plead “guilty” in order to receive a lesser conviction and punishment. For example, it may be possible in some DWI cases to plead guilty in order to have the DWI charge reduced to the lesser charge of reckless driving. This is a possible option to discuss with your attorney. Your attorney will have your best interests in mind and will only suggest this method if it proves to be in your best interests.
Can You Get Probation For 3rd DWI In Texas?
While the penalties for a 3rd DWI in Texas are quite clear in terms of prison time minimums it is important to note that you may qualify for probation given a plea bargain. With the approval of the judge an individual may be given probation requiring them to complete 600 hours of community service, attend substance abuse counseling and/or classes regularly, and take part in a DWI intervention program.
The Zendeh Del Law Firm, PLLC, Third DWI Legal Counsel
The Zendeh Del Law Firm, PLLC, will not only represent clients in their criminal hearings, but can also represent clients even if they have been arrested for their third or even a subsequent DWI in their civil proceedings. No matter how serious your charges, our defense firm can fight for you. Our attorneys can use their knowledge and skill to contest a number of factors that led to your arrest such as:
- The reasonable suspicion to stop your vehicle
- A possible lack of probable cause
- Arrest without the opportunity to submit to a breath or blood test
- The actual evidence from the breath or blood test
For more information and to procure an aggressive attorney who can act as your advocate, contact the Zendeh Del Law Firm, PLLC!