Third or Subsequent DWI

Texas law has harsh penalties for people driving while intoxicated. If you are a repeat DWI offender, then you should expect felony charges. A third or subsequent DWI is an incredibly serious charge which can result in prison time. A felony conviction can limit your personal and professional life.

Many felons have issues gaining employment, housing and federal loans. You may also be forced to relinquish your firearms in certain cases. Thankfully, there’s no reason to panic. You can choose to hire an experienced criminal defense attorney to fight your DWI.

Lawyer for Third DWI in Harris County, Texas

Any DWI conviction can result in severe penalties. However, if you’re charged with a third or subsequent DWI, the consequences could be life-changing. If you or someone you know has been charged with a third DWI, it’s imperative you contact an experienced attorney at Tyler Flood & Associates, Inc..

The attorneys at Tyler Flood & Associates, Inc. excel at DWI defense. Our managing attorney, Tyler Flood, was designed as an ACS-CHAL Lawyer-Scientist. This means he possesses an in-depth understanding of the science that goes into DWI. He can contest breathalyzer results, blood draws and improperly given field sobriety tests. Call now at (713) 224-5529 to schedule a case evaluation.

Tyler Flood & Associates, Inc. accepts clients throughout the greater Harris County area including Houston, Bellaire, Tomball and West University Place.

Overview of Third DWI in Texas

What Does Texas Consider to Be a DWI?

Texas has stringent law for people who drive while impaired. The Texas Penal Code states the prosecution must prove beyond a reasonable doubt that you were:

  • Driving a motor vehicle in a public place; and
  • Your blood-alcohol concentration (BAC) was at or above .08 OR your physical and mental faculties were impaired by alcohol or a controlled substance

Texas has no “look-back” period, meaning any prior DWI conviction can be used to enhance your charges. If you have a prior conviction for any of the following, then your penalties will be elevated.

  • Driving while intoxicated;
  • Boating while intoxicated;
  • Flying while intoxicated;
  • Driving while intoxicated with a child passenger;
  • Driving while intoxicated with a BAC of .15;
  • Assembling or operating an amusement ride intoxicated;
  • Intoxicated assault; or
  • Intoxicated manslaughter

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DWI Testing in Harris County, Texas

Law enforcement measures impairment level by BAC or an assessment of your physical and mental faculties. BAC is determined through chemical tests such as breath analysis, blood analysis or urinalysis. Each of these tests measure the number of grams of alcohol per:

  • 67 milliliters of urine;
  • 100 milliliters of blood; or
  • 210 liters of breath

The legal limits in Texas include:

  • .08 BAC for a non-commercial driver at or over the age of 21;
  • .04 BAC for a commercial driver over at or over the age of 21; and
  • .02 BAC for a non-commercial driver under the age of 21

It’s important to understand chemical testing isn’t flawless. Chemical testing can be subject to human error which will skew your results. Lab personnel could accidentally contaminate your sample or use outdated equipment. In some cases, law enforcement will administer the test incorrectly leading to false results.

You can refuse chemical testing, but you’ll be in violation of implied consent laws. Implied consent laws state you’re implicitly agreeing to submitting to chemical testing if you drive on Texas public roads. Refusing testing will result in your license being suspended for up to 180 days. A second refusal could lead to a license suspension of up to two years.

A license suspension is a hassle, but it’s much easier to handle than a DW conviction. The majority of attorneys would recommend refusing chemical testing. There is a lot of room for error and your results could show up at or above .08. If you’ve been drinking, then it’s incredibly important you don’t submit to testing.

The prosecution for your case will not have any scientific concrete evidence of your intoxication if you refuse testing. This means they will have to rely on objective evidence to get a conviction. Refusing chemical testing will give you a much higher chance of reducing or dismissing your DWI.

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Third DWI Penalties in Texas

Repeat DWI offenders tend to face harsh penalties. A third DWI conviction is a third-degree felony, which is punishable by:

  • A fine of up to $10,000;
  • Up to 200 hours of community service;
  • Completion of a 12-hour DWI class;
  • License suspension for up to two years;
  • Annual fee of up to $2,00 for three years by DPS;
  • Installation of an ignition interlock device; and
  • Minimum of two years and a maximum of 10 years in prison

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Ignition Interlock Devices in Texas

If you’re convicted of a third DWI, then it’s highly likely you’ll be court-ordered to install an ignition interlock device (IID). AN IID is a breathalyzer that is connected to your motor vehicle’s engine. The device was designed to lessen repeat DWI offenders from drunk driving.

An IID requires you to submit a breath sample before starting the car. If you blow at or above .08 BAC, then the device will lock your engine. You won’t be able to access the car until a certain amount of time has passed. You also won’t be able “trick” the device by having another person blow into it for you. Ignition interlock devices perform “rolling re-tests” which are random re-tests while you are driving.

You’ll be required to pay the full cost of the installation for your ignition interlock device. The company you use must meet Texas law requirements and be approved by the court.

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Additional Resources

Texas DWI Laws – Visit the official website of Texas Legislation to read the Penal Code surrounding intoxication and alcohol beverage offenses. Access the statue to learn more about DWI, enhanced DWI and other alcohol-related offenses.

DWI Statistics in Texas – Visit the official website of the Texas Department of Transportation (TxDOT) to read their DWI-related statistics.  Access the document to learn the difference of crashes in rural and urban areas, as well as the number of DWI fatalities in 2017.

Lawyer for Third DWI in Houston, Texas

If you or someone you know has been charged with a third DWI, then it’s crucial you contact an experienced criminal defense attorney. An attorney can assess your charges to develop a strong defense plan for you. Contact Tyler Flood & Associates, Inc. to speak to a skilled DWI attorney today.

The attorneys at Tyler Flood & Associates, Inc. are skilled in criminal defense. We have been practicing for years using efficient and effective defense tactics. Call today at (713) 224-5529 to schedule a case evaluation surrounding your charges. We accept clients throughout the Houston area and surrounding communities including River Oaks, Pasadena, Tomball, Bellaire and Uptown.

This article was last updated on March 7th, 2019.


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Robert Henderson
Robert Henderson
December 22, 2023.
I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.
Zeta Ze
Zeta Ze
December 15, 2023.
Houston DWI/DUI Tyler Flood is the best lawyer to represent you in a DWI/DUI case. Mr. Flood saved my license from being suspended in a non-refusal weekend. In a case, where I feel I did everything wrong and had 0 chance, in my opinion, for a dismissal, my only hope and chance was to hire Mr. Flood and his firm. Having had previous experience with Mr. Flood's firm, I felt that if I had any percentage chance of a dismissal, I had to go with Mr. Flood again. As I am writing this review, I'm still in shock and awe in how Mr. Flood was able to get a dismissal before trial completely started. Mr. Flood knew the law better than the arresting officer and Prosecutors. Even the judge was impressed and paid him a compliment after the dismissal. In my opinion, if you want a fighting chance, hire Mr. Flood and his firm. Mr. Flood genuinely cares about all his clients and does not merely see you as a customer. He and his team are always working on your case. Trust his process. They are absolutely the BEST.
briana Munoz
briana Munoz
December 5, 2023.
Thanks to Tyler Flood I am able to continue my life, him and his partners were amazing in guiding me throughout this hard process. Tyler and his team got me a CASE DISMISSED on my DWI case. His team kept in contact with me on every small detail about my case while being able to thoroughly explain every possibility for me. I also never had to step foot in a courtroom! Him and his team had my back every step of the way and never made me feel like it was not going to be okay. Tyler flood is the BEST DWI/DUI attorney no doubt, please consider letting him take your case if you are ever in need of an amazing lawyer.
October 19, 2023.
When I found myself in a precarious situation and didn’t know where or who to turn to I was recommended to Tyler Flood and Associates. After researching and reading many reviews I decided to hire and retain Flood and Associates services. This was one of the best decisions I made in my life, not only were they there for me in every dim moment and never too busy to answer every question I had whether it was frivolous or not, his expertise was demonstrated to me during my trial. So much so that two other defendants asked for his name and number during my trial. He fought tooth-and-nail for me and he will for you too. I’m only rating him five stars because I can’t rate him any higher. I’ll thank him for the rest of my life.
October 12, 2023.
Houston DWI/DUI Attorney Tyler Flood is the best in the business! Tyler and his team made the entire process stress free for what is a very stressful situation. From winning the first administrative hearing (to retain my license/avoid a breathalyzer) to getting the dismissal before trial even started. He is truly the best in the business!
Cesar Ricardez
Cesar Ricardez
October 3, 2023.
I hired Tyler Flood the day after my DUI arrest after reading glowing reviews about him and I couldn’t be happier that I did so. He took care of both my cases to keep my driving rights and the misdemeanor DUI charge in court. I never even had to appear in court or do anything, him and his team took care of anything while I carried on with my life and would just get updates whenever they appeared in court on my behalf. At the end, my driver license was never suspended and they got my case dismissed. Lesson learned, I don’t wish anyone to get in my situation but if you do, don’t hesitate to hire Tyler Flood and his team, they are extremely professional and they go for the win. No deal, no probation, got it all dismissed.
September 14, 2023.
Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.
John Sellers
John Sellers
August 31, 2023.
Houston DUI/DWI attorney Tyler Flood is the guy to go to!! I started my journey with these guys on August 4th of this year, my case was dismissed before the end of the month!! Well worth it!! They are organized and efficient, kept me informed of what was going on and answered all my questions. I have shared with my friends and definitely recommend to anyone.
August 29, 2023.
Houston DUI/DWI attorney Tyler Flood is an outstanding attorney and person. If you are in need of a lawyer who understands the panic and sheer fear a family feels when this happens in their lives,Tyler Flood is the attorney for you. He has an outstanding educational background, his office includes an on-site, state-of-the-arts laboratory, and he is surrounded with a legal team to provide background and research data for him to be successful in representing you. He is a One-of-Kind, highly accomplished attorney that will promptly respond to you throughout the duration of your case. Seriously, this guy NEVER sleeps! Tyler Flood understands the importance of a person’s reputation and the seriousness of a DUI/DWI charge. If you choose to work with him, he will work with you to be successful! Tyler Flood is AWESOME!
Trey Perrett
Trey Perrett
August 14, 2023.
Words cannot express what a dominating lawyer Tyler Flood and his team are. I ran into some trouble in 2021 and I was just getting my family, career ,and life together. I was completely scared of what the repercussions could be for the rest of my life. I asked civil layers who they recommend and repeatedly Tyler Flood’s name was given to me. At my first appointment, I was overcome with anxiety of what will happen next. Tyler put me at ease immediately. He believed I had a case. They were great on response time and helping me navigate the often confusing legal system. It’s a long process to have a case brought to trial but I knew I had an amazing lawyer and his team in my corner. Finally, I received the call that my case was dismissed, and I was cleared of all charges. I could not be happier with the way he and his colleagues handled my case and brought home the W. I strongly recommend having Tyler Flood in your corner because he delivers.
Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
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