Third or Subsequent DWI in Texas
Now It’s a Felony—Let’s Fight It
If this is your third DWI arrest—or more—you’re now facing felony charges under Texas law. The stakes are higher than ever, but it’s not too late to protect your freedom, your license, and your future. We take on repeat DWI cases across Houston and fight to win.
Don’t Let Your Past Decide Your Future
Facing a Felony for DWI?
A third DWI in Texas is no longer just a bad weekend—it’s a felony offense that could land you in prison. But a past mistake doesn’t mean you’re automatically guilty now. We dig into the details of each prior offense, look for gaps in the State’s evidence, and challenge everything from the stop to the test results. Repeat offenders still have rights—and we make sure the system doesn’t ignore them.
We know what’s at stake. That’s why we prepare every case for trial, never accept lowball settlements, and go head-to-head with corporations and insurance companies to ensure our clients get the justice and compensation they deserve.
The Stakes Are Even Higher Now
A Third DWI Means Felony Charges
In Texas, a third or subsequent DWI isn’t just another offense—it’s a felony with consequences that can alter the rest of your life.
Third-Degree Felony
A conviction is classified as a third-degree felony, punishable by 2 to 10 years in prison and fines of up to $10,000.
License Suspension
Your driver’s license can be suspended for up to 2 years, with costly fees required to reinstate driving privileges.
Felony Record Consequences
A felony conviction affects your right to vote, own firearms, and qualify for many types of employment or housing.
Mandatory Jail Time
Judges are required to impose jail time that cannot be waived, even if probation is granted.
Ignition Interlock Device
You must install and maintain an ignition interlock device on all vehicles you operate as a condition of bond or probation.
Habitual Offender Enhancements
If your prior DWI convictions are recent, the court may impose enhanced penalties and stricter conditions as a habitual offender.
Local Courts Take These Cases Seriously
Felony DWI in Harris County
Harris County felony courts don’t go easy on third-time DWI offenders. These cases are handled in the district courts—not county court—and are prosecuted by felony-level attorneys. Judges often require bond conditions like daily alcohol monitoring, curfews, or GPS tracking.
We’ve defended clients in downtown Houston as well as surrounding areas like Spring, Clear Lake, and Humble. Some clients had prior DWIs from other counties or even out of state—and we successfully argued those priors couldn’t be used. When it comes to repeat DWI charges, you need a local lawyer who knows what to push and when to fight.
What You Need to Know
Third DWI FAQ
Is a third DWI always a felony in Texas?
Yes. Under Texas Penal Code §49.09, a third or subsequent DWI offense is automatically a third-degree felony. That means even if your previous DWIs happened years ago, they can still be used to enhance your current charge. However, we can sometimes challenge whether the prior convictions qualify, especially if they were from out of state or involved deferred adjudication.
Will I go to prison if I’m convicted of a third DWI?
It’s possible—but not guaranteed. Texas law allows for community supervision (probation), even on felony DWI cases. The outcome depends on your record, the circumstances of your current arrest, and how your attorney handles your case. In Harris County, we’ve helped clients avoid prison through pretrial diversion programs or favorable plea deals.
Can I get my third DWI sealed or expunged?
No. A third DWI that results in a conviction cannot be sealed or expunged under Texas law. It will remain on your record permanently. That’s why a strong defense is critical—to avoid conviction altogether or negotiate a lesser outcome that preserves your future.
How do judges in Houston treat third DWI offenders?
Houston-area judges take third DWI charges extremely seriously. You may be required to install an interlock device, wear an ankle monitor, or undergo daily reporting even before trial. The courts expect aggressive prosecution—but we bring aggressive defense to match it.
What if my prior DWI happened in another state?
Out-of-state DWI convictions can be used to enhance your Texas charge, but only if they meet certain criteria. We examine how the other state’s laws compare to Texas and whether the conviction process followed proper procedures. If it doesn’t line up, we may be able to exclude that prior and reduce your case back to a misdemeanor.
