Third DWI

Driving while intoxicated (DWI) is a serious offense under Texas law. Repeat DWI offenders may face enhanced legal penalties that can limit a person’s professional and personal life. A third DWI offense can lead to felony charges, which may include harsh fines and possible prison time. 

If a person is convicted of a third DWI, he or she may be required to install an ignition interlock device. Additionally, the alleged offender may be unable to vote, possess a firearm, or apply for government assistance. If you or someone you know has been charged with a third DWI in Texas, it’s crucial that you gain trusted legal representation.

Brownsville Attorney for Third DWI in Texas

Any DWI charge is serious in the state of Texas. However, subsequent and repeat offenders may face severe penalties. A third-time DWI offender may have to attend community service, pay annual surcharges, and other civil penalties. It’s important that you are aware of what may happen next. Call Johnathan Gracia at (956) 504-2211 for a free consultation now.

Johnathan Gracia is a skilled attorney with a passion for criminal defense. He is compassionate with clients and aggressive in the courtroom. In addition, Johnathan Gracia is a former prosecutor. He understands the techniques, mindset, and strategies the prosecution may use. Stay ahead of your charges with Johnathan Gracia at The Gracia Law Firm.

The Gracia Law Firm accepts clients throughout the greater Brownsville area including Rio Hondo, San Benito, La Feria, and Los Fresnos.

Call us now at (956) 504-2211 for a free consultation.

Overview of Third DWI in Texas


What is a DWI under Texas Law?

It’s illegal to drive a motor vehicle while intoxicated under Texas Penal Code § 49.04. The term “intoxicated” is defined under Texas law as being unable to use normal mental or physical faculties to their full extent because of alcohol, drugs, or a combination of the two. In addition, the law considers a blood-alcohol concentration of 0.08 to be the legal limit of impairment.

A “motor vehicle” defined under Texas Penal Code § 49.01 is any device that is used to transport people or property, except for any vehicle that uses rails or tracks. An intoxicated person must be in “actual physical control” of a vehicle to be convicted of a DWI. For a person to be in actual physical control of a vehicle, he or she must be in or near the vehicle and must be capable of operating the vehicle.

When charging a DWI, the courts will review the alleged offender’s criminal history. If you are a repeat or subsequent offender your penalties may be enhanced. Although it’s important to take note, a person does not need to only be charged with standard DWI to be considered a repeat offender. Any of the following offenses can be considered a prior DWI conviction in Texas courts. 

  • Boating while intoxicated
  • Flying while intoxicated
  • Intoxication Assault
  • Intoxication Manslaughter
  • Assembling or Operating an Amusement Ride While Intoxicated

Texas Penalties for a Third DWI in Cameron County

Multiple DWI convictions can lead to severe legal penalties. Those convicted of a third DWI may face a third-degree felony, which is punishable by up to 10 years in prison and a fine of $10,000. In addition to the statutory penalties, the alleged offender may face:

  • Suspended license for up to two years;
  • Required community service up to 1,000 hours;
  • Completion of a DWI repeat offender’s class;
  • Inability to own or possess a firearm;
  • Drug or alcohol evaluation and possible treatment;
  • Pay court and administrative expenses;
  • If applicable, completion of a drug or alcohol education program;
  • Install an ignition interlock device or deep lung device to your car; and
  • Pay an annual surcharge of $1,500 to the Texas Department of Public Safety.

Additional Resources 

Texas DWI Laws – Visit the official website for the state of Texas laws and legislation. Find more information surrounding driving while intoxicated offenses, the adjoining penalties, and possible defenses for those convicted of a DWI.

Alcohol-Related Offenses – Visit the official website for the Texas Department of Public Safety and find more information surrounding DWIs, the possible penalties, consequences for minors who commit a DWI, and the driver license reinstatement requirements for Texas.


Lawyer for Third DWI in Cameron County, Texas

If you or someone you know has been charged with a third DWI offense, it’s important that you are prepared for what may happen next. The Texas criminal court system can be overwhelming to those who are not familiar with it. Contact Johnathan Gracia at The Gracia Law Firm to speak to an experienced criminal defense attorney today.

Attorney Johnathan Gracia is a skilled attorney who puts his clients first. Get in contact with him today to discuss your charges. The Gracia Law Firm practices law throughout the Cameron County area and surrounding counties including Hidalgo County and Willacy County. 

Call us now at (956) 504-2211 for a free consultation today.


This article was last updated on November 5, 2018.

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