Third Offense DWI Cases
Houston DWI Lawyer Tad A. Nelson
405 Main St. #840, Houston, TX 77002 • 281-502-2122
[breadcrumb]Arrested for DWI a Third Time in Houston?
DO NOT PANIC. Call Tad A. Nelson at 281-502-2122
For individuals charged with a third DWI offense in Houston, the penalties following a conviction are serious. 3rd offense DWI cases are almost always prosecuted as third-degree felony offenses in Texas. Such a criminal classification results in harsh penalties by the judicial system with long-term potential prison sentences.
Although 3rd offense DWI cases are classified as felony DWI offenses, there are some cases where exceptions are made. In some cases, Attorney Tad A. Nelson may be able to get the court to reduce the criminal classification of the charge to a Misdemeanor offense.
A criminal charge reduction is often possible in 3rd offense Felony DWI cases, although defendants aren’t always aware of it. Our office has extensive experience working with Harris County judges to keep people out of jail. In most situations of this nature, we can be effective.
If you were arrested in Houston or elsewhere in Texas a 3rd time for Driving While Intoxicated, and you’re out on bond and need to talk with a lawyer to get a clear idea of your legal options, contact attorney Tad A. Nelson’s office by calling us anytime, at 281-502-2122.
Criminal Penalties For 3rd DWI Convictions
FINE: Up to $10,000.00
IMPRISONMENT: Sentencing guidelines demand a 2-to-10-year sentence for 3rd-degree felony convictions.
TEXAS DRIVERS LICENSE: Texas Driver License suspension is another penalty for being found guilty of DWI a third time. The suspension period can last from a period of six months to two years, which doesn’t begin until after the jail sentence is satisfied.
Avoiding Jail After A Felony DWI Conviction
Defendants convicted of a felony third DWI offense may, in some situations, have an opportunity to take advantage of community supervision and avoid serving a lengthy penitentiary sentence.
If you’re in a fortunate enough position where community supervision is possible, the community supervision term, also referred to as probation, will last from a period of 2 to 10 years.
Some factors the court will take into consideration during the determination of whether or not you go to prison are;
- the length of time since your last DWI,
- how you handled your previous probationary sentence, if any,
- the severity of the facts involved with the case,
- if there was an accident involved,
- your blood-alcohol concentration levels at the time of your arrest,
- moreover, if there were any aggravating factors involved in your case.
If you are granted probation on a felony DWI in Houston, community service agreements can involve several hours ranging from 160 to 600. Some jail time must be served. The minimum jail sentence is ten days. In some cases, defendants are forced to serve 180 days in jail before taking advantage of probation. Weekend jail sentencing may be possible for some defendants.
Frequently Asked Questions
- Are Third DWI Cases Always Felony Offenses in Texas?Yes. If you’re stopped by the Houston Police Department, Harris County Sheriff’s Office, or other law enforcement agency in Texas on a 3rd DWI charge, you’ll face Third Degree Felony criminal charges. A Third Degree Felony criminal charge is extremely punitive in Texas as a conviction carries a prison sentence ranging from 2-to-10 years with a fine of up to $10,000.00.
- If my 2nd DWI case was decades ago, will they still charge me as a felon?Yes. Prosecutors at the Harris County District Attorney’s Office and others throughout the state of Texas will use your previous criminal history of other DWI convictions as a basis for seeking enhanced criminal charges against you. Also, any other criminal conviction in your past may also be used as a basis to petition the court for a criminal enhancement. If you have any questions about criminal enhancements and you’re looking for a lawyer to help you with your criminal charges, call Attorney Tad Nelson today at 281-502-2122.
- If I was convicted of DWI in another state, will it affect my Texas DWI case?Yes. Prosecutors at the Harris County District Attorney’s Office and others throughout the state of Texas will use any previous DWI convictions and other criminal convictions from another state as a basis to petition the court for a criminal charge enhancement. A criminal charge enhancement means that the classification of your criminal charge will be enhanced to the next level of severity. For example, from a Class B Misdemeanor to a Class A Misdemeanor, or from 2nd Degree Felony to First Degree Felony.
- What should I expect if arrested on a 3rd DWI offense in Houston?If you’re arrested on a third DWI charge in Houston, you’ll be promptly escorted to the Harris County jail. After which, you’ll see a magistrate judge who will determine a bond amount for your case. In Texas, felony prosecutions begin with a Grand Jury indictment. Once a Grand Jury indictment is secured, you’ll be notified of your date to appear in court.
- What’s the cost associated with a conviction for a 3rd DWI in Texas?The cost associated with a conviction for a third DWI offense is different for everyone. Some parties are convicted, paying the cost of their freedom, while others take advantage of their rights and fight the charge. A person convicted of a 3rd DWI will face a fine of up to $10,000.00, a potential prison sentence of 2 to 10 years, and Texas Driver License suspension for up to two years following the completion of any assigned prison time. Costs also include legal fees, time off from work, increased insurance premiums, and the costs associated with losing your driving privileges. The court may always require you to install an intoxilyzer or other form of Breathalyzer device on your vehicle to prevent you from drunk driving at your cost.
Facing prosecution for a 3rd DWI offense in Houston?
Call Attorney Tad A. Nelson For Help Today!
Attorney Tad A. Nelson is not only a 27+ year veteran criminal-defense litigator, he’s also an ACS-CHAL Lawyer/Scientist and an active member of the National College of DUI Defense; an organization dedicated to improving the DUI/DWI Bar on a national scale.
If you’re looking for a skilled criminal defense attorney with over 3 decades of experience under his belt, you’re welcome to contact our law office at any time of the day or night to get help on your case. We provide affordable legal representation and outstanding client services.
If you have questions, contact us today. Attorney Tad A. Nelson can be reached by phone at 281-502-2122, or you can visit our law office in Downtown Houston at 405 Main St. #840, Houston, TX 77002.
Meet Attorney Tad A. Nelson
Attorney Tad A. Nelson is a Texas Board Certified® criminal-law attorney, an ACS/CHAL Lawyer-Scientist, founding member of the DUI Defense Lawyers Association and a member of the National College of DUI Defense. If you need to discuss a serious criminal case with an aggressive defense attorney that’s training and experience is optimized for DWI defense in Houston, call Tad Nelson or Amber Spurlock at 281-502-2122. All consultations and initial case evaluations are free and 100% confidential.
