Consequences of a Third DUI Offense in Texas


Consequences of a Third DUI Offense in Texas

Driving under the influence is a serious offense in all states, and repeat convictions usually come with steep fines and jail time. In Texas, a first or second DUI charge will classify as a misdemeanor – assuming there are no aggravating circumstances. A third offense, however, is a felony according to the Texas Penal Code.

Driving Wheel and Female Hands on it. Female Driver in Dallas avoiding a DWI

The consequences of a felony are far more severe, and if you are facing felony charges, it is important to understand the implications. At John L. Corn, Attorney at Law, we can answer any questions you might have about your DUI charges.

Dallas DWI lawyer John L. Corn can look through the circumstances of your case and advise you on the best way to proceed. Call us today at 214-528-4529 to schedule an appointment.

In the meantime, read on to learn about the penalties for a third DUI conviction in Texas:

Criminal Consequences

A third DUI charge in Texas counts as a third-degree felony. According to the Texas Department of Transport, third-time DUI offenders face the possibility of both a hefty fine and extended jail time.

A judge may issue a fine of up to $10,000, as well as a sentence of between two and 10 years in jail. The judge may increase these penalties if there was a minor in the car at the time of your arrest, or if your BAC level was significantly higher than the legal limit.

The judge may also order you to perform community service. This will likely range from 80 to 200 hours, depending on the judge’s discretion and the severity of the offense. If the judge believes that you have a drinking problem, he or she may sentence you to time in a substance abuse facility, as well; occasionally, this may occur in lieu of jail time.

Administrative Penalties

There are several administrative penalties and consequences for third-time DUI offenders. You will likely lose your license for up to two years. In order to retain your license, you must pay annual fees of $1,000, $1,500 or $2,000 for three years.

If you are facing your third DWI charge in less than five years, the judge may order that you fit an ignition interlock device on your vehicle. This device will prevent you from operating the car after you have been drinking. You will also be responsible for costs associated with the installation, maintenance and calibration of this device.

Texas Does Not Have a Lookback Period

In some states, there is a lookback period of about 10 years. This means that if you receive two DUIs and the second comes more than 10 years after the first, then the courts will consider the second offense to be a first offense. However, this is not the case in Texas.

Texas has no lookback period. If you are facing a DUI charge after a prior conviction, then this will be a repeat offense.

All DWI offenses in Texas are serious, but a third offense carries particularly severe consequences. If you are facing charges for driving under the influence, contact Dallas DUI attorney at John L. Corn for help. To schedule an appointment, call us today at 214-528-4529.

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  • John is the epitome of under promise and OVER deliver… I called Mr. Corn on a Sunday night after my arrest and Mr. Corn spent 45 minutes to an hour with me on the phone without asking for a dime. He was not pushy asking for my business and just told me to give him another call if I wanted him to represent me for my DWI. The result of my situation: DISMISSED. I would recommend Mr. Corn without question.

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