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DWI: Third Offense

Updated: Dec 13, 2022 @ 1:20 pm

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In Texas, if an individual is arrested for Driving While Intoxicated with two previous DWI convictions on their criminal record, their 3rd offense will be classified as a 3rd Degree Felony. 3rd Offense DWI is a serious criminal offense that could mean a prison sentence for persons convicted of the offense.

If you or a loved one are in this situation, our law office has abundant experience helping people in similar predicaments. If you need to talk with an experienced criminal defense lawyer regarding a 3rd-Offense DWI charge in Galveston, we can help you.

We may be able to develop a defense strategy to overcome prosecution, or we may find options to get your case quickly dismissed. Schedule your free consultation today and tell us about your case. Call us at 409-904-0075.

About 3rd Offense DWI Cases

Individuals convicted of DWI a third time can expect to serve at least some jail time. Texas law requires the presiding judge to sentence the convicted party to a minimum of ten days of county jail time before any probationary jail release.

Even though Texas law is clear about 3rd offense DWI defendant’s requirement of serving a minimum of ten days jail time, Attorney Tad Nelson may be able to hammer out an arrangement with the court to split the legally mandatory portion of your jail sentence over specific days of the week, or weekends.

This generally occurs for circumstances we can justify as “special.” It’s not uncommon for us to accomplish this for our clients. If you’re wondering about options to serve your jail time on weekends in Galveston County, chances are we can get it done. If you have any questions, call our office at 409-904-0075.

Potential Criminal Penalties

3rd offense DWI cases are classified as 3rd Degree Felony offenses in the state of Texas. Penalties are prescribed based on 3rd Degree Felony guidelines which are outlined below.

Fine: Up to 10,000.00
Jail Time: 2 to 10 Years with the Texas Department of Criminal Justice (TDCJ).
Other Penalties: Texas Driver License Suspension (180 days to 2 years), Community Service (160-600 Hours), Ignition Anti-Alcohol Device/Deep Lung BIO-Technical Chemical Analysis Device (Ignition Interlock Device).

The Galveston County Judge presiding over the defendant’s case may require enrollment into drug treatment programs, alcoholism treatment programs, or other devices deemed fit by the court.

Factors that may influence the decision of the court may include the following;

  • the period between the last time the accused party was arrested for DWI,
  • if someone was killed or injured as a result of DUI or DWI,
  • the severity of the events leading up to police intervention,
  • and any other nuance the court decides should influence punishment in the defendant’s case.

These same factors will also have an impact on the accused party’s ability to take advantage of probation or other lenient options the court may offer.

Need To Talk With A DWI Attorney?

Schedule Your Free Consultation Today!

If you need more information about Texas criminal laws as they apply to DWI criminal charges or need to hire a defense lawyer to provide legal counsel on a felony DWI charge, we can help.

Texas Board Certified® criminal law attorney Tad A. Nelson and the defense lawyers of the Law Offices of Tad Nelson & Associates are among the most experienced DWI defense lawyers in Texas. Attorney Tad Nelson is a certified ACS/CHAL Lawyer-Scientist and holds a Board Certification™ in Criminal Law from the Texas Board of Legal Specialization®.

Are You Ready To Discuss Your Case?

Feel free to contact our law office to schedule your free initial consultation by calling us at 409-904-0075 or message us using our contact form.

Overview of 3rd Offense DWI Charges & Texas Law

Galveston DWI Lawyer Tad Nelson

DWI: Third Offense

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DWI: Third Offense
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