What is a DWI 3rd offense and it’s punishments?
DWI or driving while intoxicated is punishable by law under the traffic laws of Texas. DWI is defined as operating or driving a vehicle while one’s blood, urine, or breath alcohol level is in excess of the standard safe limit of 0.08%. In the event that an officer of the law in Texas arrests a motorist on suspicion that that individual has been abusing alcohol, a test is administered and if these suspicions are confirmed, the individual is arrested and taken into custody. For more detailed advice on how to act if you are pulled over, contact a DWI Lawyer in Houston.
There are various penalties proffered against a DWI offender. These depend on one’s prior DWI offense record. There are DWI 1st offense penalties, DWI 2nd offense penalties, and DWI 3rd offense penalties (also known as a third-degree felony charge). These penalties vary in degree and type. The latter carries some rather grave repercussions some of which are outlined below:
- A fine of no more than 10,000 dollars;
- Incarceration in the Texas Department of Criminal Justice state penitentiary for between 2 years and 10 years;
- Deep lung device requirement as a condition for any provisional or occupational licenses after conviction;
- Mandatory community service of between 160 hours and 600 hours;
- Suspension of one’s driver’s license for a period not less than 180 days and not exceeding 2 years;
- Further to this, the jury and judge may consider the defendant as having a serious problem with alcohol and order some form of rehabilitation treatment. This may be in the form of a Substance Abuse Felony Probation program;
Getting a third-degree felony charge is a tricky situation to find yourself in and must be approached with utmost care and caution. The best way forward in such an instance is to retain the best legal representation one can get in this field.
The second thing is whereas your lawyer may have this strategy or another, contrition and accepting one’s state of alcohol dependency will go a long way towards not only alleviating the DWI 3rd offense penalties looming but also enabling one to break that dependency.
A third (or more) DWI is a felony of the third degree. Whereas first DWI offenders may seek some leniency, the penalties for a third offense reflect Texas law’s severity. A third DWI conviction will result in a prison term of two years to ten years.
Texas 3rd DWI
While the first and second driving while intoxicated (DWI) offenses in Austin are misdemeanors, the third offense is a third-degree felony punishable by prison time. If you are charged with DWI for the third time, do not hesitate to contact an attorney. You may be able to have your charges dismissed or reduced if you have the right DWI defense attorney on your side.
You Might Go to Prison
If you are convicted of a third DWI offense, you could face two to ten years in prison as well as a $10,000 fine. Your driver’s license may also be suspended for a period ranging from 180 days to two years. Furthermore, if you are convicted of DWI while also having an open container in your vehicle, causing an accident, or transporting a child passenger, you may face harsher penalties.
Because a third DWI is a felony, you may face additional penalties. Convicted felons may be barred from possessing firearms or voting. You may be ineligible for employment in an educational or government setting if you have a felony on your criminal record.
Free DWI case consultation
If you are charged with a third DWI, you should contact an attorney right away. Your DWI lawyer can begin investigating your arrest to see if there are any factors that could help your defense. Your case may be dismissed if the officer did not follow proper procedures during the initial drunk-driving stop or arrest. The results of this test may be questioned if your breath test was not administered properly or if the breathalyzer was not properly maintained and/or calibrated.
Fighting a DWI charge, especially a felony charge, is an investment in your future. Our law firm takes this responsibility seriously. We can assist you during this difficult time because of our successful track record of winning drunk-driving cases or having them reduced to a lesser charge (such as reckless driving).