Third or Subsequent DWI

In most cases, first and second arrests for driving while intoxicated (DWI) in Texas are misdemeanor offenses. When a person is arrested for his or her alleged third DWI, however, it often results in felony criminal charges.

Not only do alleged offenders face several increases in possible fines and prison sentences, but convictions for third or subsequent drunk driving arrests also carry a bevy of long-term consequences. People who are convicted felons can experience numerous lifelong hardships in matters concerning employment, housing, or professional licensing.

Lawyer for Third or Subsequent DWI Arrests in Conroe, TX

If you were arrested for an alleged third or subsequent drunk driving offense in Montgomery County, it is in your best interest to immediately retain legal counsel. Evans & Powell, PLLC aggressively defends clients who have been accused of DWI crimes in Cut and Shoot, The Woodlands, Shenandoah, Panorama Village, Porter Heights, Oak Ridge North, and many surrounding areas of Montgomery County.

Sean Evans and Frank Powell are experienced criminal defense attorneys in Conroe who can fight to possibly get your criminal charges reduced or dismissed. Call (936) 622-2000 right now to have our lawyers review your case and answer all of your legal questions during a free initial consultation.


Overview of Third or Subsequent DWI Crimes in Montgomery County


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Third or Subsequent DWI Charges in Texas

Regardless of his or her prior criminal record, a person commits the crime of DWI under Texas Penal Code § 49.04 if he or she is intoxicated while operating a motor vehicle in a public place. Intoxicated is defined under Texas Penal Code § 49.01(2) as an individual either not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or having an alcohol concentration of 0.08 or more.

Texas has no “lookback period” that limits the length of time that prior drunk driving convictions can be used against alleged offenders. As a result, prosecutors are able to use any of the following prior convictions against an alleged offender in third or subsequent DWI cases:

  • DWI, Texas Penal Code § 49.04;
  • Flying While Intoxicated (FWI), Texas Penal Code § 49.05;
  • Boating While Intoxicated (BWI), Texas Penal Code § 49.06;
  • Assembling or Operating an Amusement Ride While Intoxicated, Texas Penal Code § 49.065;
  • Intoxication Assault, Texas Penal Code § 49.07; and/or
  • Intoxication Manslaughter, Texas Penal Code § 49.08.

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Montgomery County Third or Subsequent DWI Penalties

A third or subsequent DWI offense is typically classified as a third-degree felony. Convictions may be punishable by fines of up to $10,000 and/or sentences of up to 10 years in prison.

Additional consequences of a third or subsequent drunk driving conviction in Texas can include any of the following:

  • Two-year suspension of driver’s license;
  • Annual Texas Department of Public Safety (DPS) Driver Responsibility Surcharge of $1,500 for three years;
  • Up to 1,000 hours of community service;
  • Mandatory attendance at DWI repeat offenders class and alcohol or drug education program;
  • Drug and/or alcohol evaluation and possible counseling;
  • Mandatory installation of deep-lung device (DLD) or ignition interlock device (IID);
  • Loss of right to own or possess a firearm;
  • Other court and administrative costs.

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Texas Resources for Third or Subsequent DWI Offenses

Official Texas Driver License Eligibility System — Track your driving eligibility status, pay fees charged to you for your driver license suspension offenses, and view compliance items needed to determine and understand your license eligibility on this Texas Department of Public Safety (DPS) website. Visitors must enter their driver license or ID number, date of birth, and the last four digits of a Social Security number in order to login. The website also has answers to frequently asked questions about the Online Driver License Eligibility System, compliance requirements, and fees, payments, and payment options.

Alcoholics Anonymous (AA) | Intergroup Association, Inc. — AA identifies itself as “a fellowship of men and women who share their experience strength and hope with each other that they may solve their common problem and help others to recover from alcoholism.” On this website, you can view a calendar of upcoming events, read newsletters, and find the times and locations of meetings in the greater Houston area. Intergroup Association, Inc.’s telephone is answered 24 hours a day by a recovered alcoholic.


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Evans & Powell, PLLC | Conroe Third or Subsequent DWI Defense Attorney

Were you arrested anywhere in the greater Montgomery County area for your alleged third or subsequent drunk driving offense? You will want to make sure that you contact Evans & Powell, PLLC as soon as possible for help achieving the most favorable resolution to your case that results in the fewest possible penalties.

Conroe criminal defense lawyers Sean Evans and Frank Powell represent individuals all over Montgomery County, including Patton Village, Pinehurst, Splendora, Magnolia, Willis, Woodbranch, and several other nearby communities. You can have our attorneys provide an honest and thorough evaluation of your case when you call (936) 622-2000 or complete an online contact form to take advantage of a free, confidential consultation.


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