The penalty for a third DWI in Texas is a fine of up to $10,000, a prison term of between two and 10 years, and a loss of the guilty party’s driver’s license for up to two years, according to the Texas Department of Transportation. Additional fines or penalties are also possible for someone convicted of a third DWI (driving while intoxicated) offense.
Having multiple drunk driving offenses is a highly serious charge that would equal a felony if convicted. For individuals who have two DWI convictions already, it can be important to hire our Texas DWI lawyer to defend you against these serious charges. Avoiding a conviction on a third drunk driving charge can help you avoid a complete upheaval of your life.
How Does Texas Count Past DWI Convictions?
When a driver is convicted on drunk driving charges in Texas, it remains on their record forever. Even if a person’s first and second DWIs occurred 25 years ago, a new arrest on DWI would count as their third DWI if they are convicted.
Texas Penal Code Title 10 Chapter 49 spells out the specific rules the state has regarding criminal offenses related to alcohol. This statute says a blood alcohol concentration (BAC) of 0.08% or higher can result in a DWI charge. Texas also has set different blood alcohol concentration limits for certain drivers. The BAC limit for commercial drivers is 0.04%. For drivers aged 21 and younger, it is any detectable amount.
What Are Some Potential Defenses in a Case Involving a Third DWI?
When you hire our team to defend you in your drunk driving case, we have a few techniques we can try. We cannot go back and defend you on past DWI convictions after those cases reach their conclusion. We can, however, try to defend you so that you aren’t convicted on a third DWI charge. For example, we can question the methods that law enforcement used to arrest you and measure your level of intoxication.
Quite a few myths exist about how Texas handles past DWI convictions. You can trust that we will not base our defense on any of these myths, which are addressed below.
Does Texas Allow for Expungement of Past DWIs?
Some people mistakenly think they can perform community service or other tasks to have a drunk driving conviction expunged from their driving records. They also may think they can avoid a third DWI conviction through the expungement. However, this is not the case.
Texas law sometimes does allow for expungement of the fact that you had an arrest or a charge of DWI. However, if you end up with a DWI conviction, there is no opportunity to have it removed from your record.
Does Texas Allow the Sealing of DWI Records?
Texas does allow for the sealing of some criminal records. It is extremely difficult for members of the public to be able to access the sealed criminal records, although it is not impossible.
However, attempting to have a record of a past DWI conviction sealed does not help you avoid a third DWI conviction. Law enforcement and criminal prosecutors always have access to criminal records, even sealed records. You cannot hide a past DWI conviction in this manner.
Does a DWI from Another State Count Against My Texas Driving Record?
Texas is a member of the Driver License Compact. This group consists of the vast majority of the states. They use the compact to share information about any traffic violations or criminal charges that relate to driving privileges.
If you have a DWI conviction from another state, the chances are high that Texas prosecutors will have access to this information. They then will be able to use it in your criminal case for a second or third DWI charge.
We Are Ready to Defend You Against Drunk Driving Charges
If you are facing a new charge of DWI after already having multiple convictions on this charge, you potentially could see your life upended with another conviction. Rather than simply hoping the prosecutor will cut you a break, you should be proactive about your defense.
You can count on the Law Offices of Randall B. Isenberg to aggressively defend you against these charges. We do not sit back and let prosecutors try to bully you into pleading guilty to a charge when it is not in your best interest. We stand by your side throughout the case.
Contact Us As Soon As Possible for a Texas DWI Case Review
Texas prosecutors will be very aggressive when prosecuting you on a third DWI charge. They know these kinds of cases often receive media attention, and they do not want to appear soft on this type of crime.
By hiring our DWI defense team to represent you, we will give you the aggressive defense strategy you need to counteract the work of the prosecutor. Call us at (214) 696-9253 today to discuss your case during a free consultation.