Third DWI Defense Attorney

Third DWI Defense Attorney in Houston, Texas

Experienced Third Offense DWI Lawyer Fighting Felony Charges in Houston

A third DWI arrest in Texas is a third-degree felony, carrying 2-10 years in prison, up to $10,000 in fines, and permanent consequences that will follow you for life. Unlike first or second DWI offenses, there’s no avoiding the serious nature of a third DWI charge. At Cory Roth Law Office, we specialize in defending clients facing third DWI charges throughout Houston, Harris County, and surrounding areas.

Understanding Third DWI Charges in Texas

Under Texas law, any DWI arrest that occurs after you have two prior DWI convictions automatically becomes a third-degree felony, regardless of how much time has passed between offenses. This is known as enhancement, and it transforms what would otherwise be a misdemeanor into a serious felony charge.

What Qualifies as a Third DWI?

Prior Conviction Requirements: What counts for enhancement purposes

• Two previous DWI convictions from any jurisdiction (Texas or other states)
• Both guilty pleas and jury trial convictions count equally
• Deferred adjudication for DWI does NOT count as a conviction for enhancement
• No time limit – convictions from 20+ years ago still count
• Municipal court DWI convictions from before September 1, 2019 count
• Out-of-state convictions that are “substantially similar” to Texas DWI

What the Prosecution Must Prove: Elements for third DWI conviction

• All elements of standard DWI (intoxication and operation of motor vehicle)
• Two prior DWI convictions beyond a reasonable doubt
• Proper jurisdiction and validity of prior convictions
• Identity – that you are the same person who was convicted previously
• Proper notice and documentation of enhancement allegations

Third Degree Felony Classification

Sentencing Range: Criminal penalties for third DWI conviction

• Minimum 2 years in Texas Department of Criminal Justice (state prison)
• Maximum 10 years in state prison
• Fines up to $10,000
• No eligibility for deferred adjudication (unlike some felonies)
• Probation (community supervision) is possible for up to 10 years

Mandatory Minimums: Required jail time even with probation

• Minimum 10 days in county jail as condition of probation
• Possible longer jail terms as probation condition
• Electronic monitoring and house arrest alternatives
• In-patient treatment facility time may substitute for jail

Devastating Consequences of Third DWI Conviction

Criminal Penalties Beyond Prison

Driver’s License Consequences: Long-term driving restrictions

• Up to 2-year driver’s license suspension
• Possible permanent license revocation
• $1,500 annual surcharge for 3 years to maintain license ($4,500 total)
• Mandatory ignition interlock device for minimum of 1 year
• SR-22 high-risk insurance requirements
• Increased insurance premiums of 300-500% or policy cancellation

Probation Conditions: Strict supervision requirements if granted

• Regular reporting to probation officer (monthly or more)
• Random drug and alcohol testing (breathalyzer and urinalysis)
• Community service hours (typically 100-200 hours)
• DWI education and intervention programs
• Victim impact panel attendance
• Substance abuse evaluation and treatment as recommended
• Prohibition on entering establishments that primarily serve alcohol
• No new criminal offenses of any kind

Collateral Consequences Destroying Your Life

Employment Devastation: Career destruction from felony conviction

• Immediate termination from current employment in many cases
• Permanent loss of commercial driver’s license (CDL)
• Professional license suspension or revocation (medical, legal, real estate, nursing, teaching)
• Difficulty passing background checks for new employment
• Inability to work in healthcare, education, government, or childcare
• Security clearance revocation for defense contractors and government workers
• Loss of union membership and trade certifications

Housing and Financial Ruin: Long-term economic consequences

• Difficulty renting apartments (landlords reject felons)
• Mortgage application denials and higher interest rates
• Federal student loan and financial aid ineligibility
• Professional liability insurance cancellation
• Business license denials or revocations
• Inability to serve as corporate officer or director
• Difficulty obtaining business loans or credit

Civil Rights Loss: Fundamental freedoms taken away

• Loss of right to possess firearms under federal and Texas law
• Inability to vote while incarcerated or on parole
• Jury duty disqualification
• Passport restrictions and international travel limitations
• Inability to hold public office
• Loss of certain professional licenses permanently

Personal Relationship Destruction: Family and social devastation

• Divorce or separation due to incarceration and shame
• Child custody loss or severe restrictions on visitation
• Social stigma and community ostracism
• Inability to chaperone children’s school events
• Volunteer work prohibitions (schools, youth sports, religious organizations)
• Immigration consequences including deportation for non-citizens

Timeline and Process for Third DWI Cases

Immediate Post-Arrest (Days 1-15)

First 24-48 Hours: Critical initial response period

• Arrest, booking, and magistrate warning
• Bond setting and jail release procedures
• Initial consultation with criminal defense attorney
• Evidence preservation and witness identification
• Family notification and immediate damage control

Days 3-15: Time-sensitive deadlines

• Request ALR (Administrative License Revocation) hearing within 15 days
• Driver’s license suspension prevention efforts
• Occupational license application if needed
• Gathering documentation and evidence
• Preliminary investigation and witness interviews

Pre-Trial Phase (Months 1-6)

Grand Jury Proceedings: Felony indictment process

• Prosecutor presents evidence to Harris County grand jury
• No defense presentation at grand jury stage (typically)
• True bill results in formal felony indictment
• Grand jury no bill results in case dismissal

Arraignment and Initial Appearances: Formal charging procedures

• Reading of indictment with enhancement allegations
• Entry of not guilty plea
• Discovery requests and evidence disclosure
• Pre-trial hearing scheduling
• Bond condition review and modification if needed

Discovery and Investigation: Evidence gathering phase

• Police reports, video footage, and witness statements
• Laboratory reports and chemical test results
• Prior conviction documentation and verification
• Defense investigation and expert consultation
• Independent testing of blood samples
• Background investigation and character evidence development

Motion Practice: Legal challenges to evidence

• Motion to suppress evidence from illegal stop or arrest
• Motion to suppress chemical test results
• Motion to suppress prior convictions used for enhancement
• Motion for speedy trial
• Motion to quash indictment for procedural defects

Trial and Resolution (Months 6-18)

Plea Negotiations: Settlement discussions

• Charge reduction negotiations (third to second DWI)
• Sentencing recommendations and agreements
• Probation versus prison considerations
• Treatment and rehabilitation program alternatives

Trial Preparation: Getting ready for jury trial

• Witness preparation and subpoenas
• Expert witness coordination and reports
• Jury selection strategy and voir dire planning
• Trial exhibits and demonstrative evidence
• Opening statement and closing argument development

Trial Process: Contested hearing before jury

• Jury selection (voir dire)
• Opening statements
• State’s case with officer and expert testimony
• Defense case and alternative explanations
• Closing arguments
• Jury deliberation on guilt and punishment

Post-Conviction Options

Appeal: Challenging conviction or sentence

• Notice of appeal filing deadlines
• Appellate brief preparation and oral arguments
• Constitutional violations and legal errors
• Sufficiency of evidence challenges
• Probation violation defense if applicable

Why Third DWI Cases Require Specialized Defense

Complexity of Enhancement Issues

Prior Conviction Investigation: Extensive research required

• Obtaining decades-old court records from multiple jurisdictions
• Fingerprint card retrieval and comparison
• Court reporter notes and hearing transcripts
• Attorney representation verification
• Plea paperwork and admonishment review
• Constitutional law research and precedent analysis

Expert Witnesses: Specialized testimony needs

• Constitutional law experts on Sixth Amendment issues
• Fingerprint comparison experts for identity challenges
• Toxicology experts for current DWI defense
• Accident reconstruction if injuries involved
• Medical experts for alternative explanations

High Stakes Requiring Aggressive Defense

Prison Time Is Real: Unlike misdemeanor DWIs

• Minimum 2 years, maximum 10 years in prison
• State prison, not county jail
• Real criminals and dangerous environment
• Years away from family and career
• Difficulty rebuilding life after release

Permanent Felony Record: Lifelong consequences

• Following you for rest of your life
• Affecting every job application
• Housing difficulties and social stigma
• Loss of fundamental civil rights
• No second chances after conviction

Financial Devastation: Immediate and long-term costs

• Attorney fees ($10,000-$30,000 for complex cases)
• Fines and court costs ($10,000+)
• Lost income from incarceration
• License reinstatement costs ($4,500+ surcharges)
• Ignition interlock device costs ($70-150/month for years)
• Increased insurance ($5,000-10,000/year extra for years)
• Professional license reinstatement or education costs

Why Choose Cory Roth Law Office for Third DWI Defense?

Proven Success in Third DWI Cases

Case Dismissals: Successful challenges to enhancement

• Constitutional violations resulting in dismissal
• Prior conviction challenges defeating enhancement
• Insufficient evidence of current DWI
• Procedural defects and prosecutorial errors

Charge Reductions: Third DWI reduced to second DWI

• Negotiated misdemeanor dispositions avoiding felony
• One prior conviction successfully challenged
• Weak current charge evidence leveraged
• Treatment and rehabilitation demonstrated

Probation Instead of Prison: Community supervision success

• Multiple clients granted probation despite felony conviction
• Treatment-focused sentencing alternatives
• Minimal jail time as condition of probation
• Maintaining employment and family unity

Not Guilty Verdicts: Trial victories

• Jury acquittals in contested third DWI trials
• Successful constitutional defenses
• Expert witness testimony creating reasonable doubt
• Prior conviction challenges at trial

Comprehensive Investigation Resources

Prior Conviction Investigation: Extensive research capabilities

• National court record searches and retrieval
• Fingerprint expert consultation and comparison
• Constitutional law research and precedent analysis
• Transcript retrieval from decades-old cases
• Attorney representation verification
• Out-of-state conviction analysis

Current Charge Defense: Complete case investigation

• Private investigators and expert witnesses
• Video evidence analysis and enhancement
• Independent blood testing at certified laboratories
• Accident reconstruction when needed
• Medical expert consultation
• Character witness development

Specialized Third DWI Knowledge

Enhancement Law Expertise: Deep understanding of complex issues

• Texas and federal constitutional law
• Right to counsel jurisprudence
• Out-of-state conviction analysis
• Identity and authentication requirements
• Burden of proof and jury instruction issues

Strategic Case Planning: Customized defense approach

• Prior conviction challenges versus current charge defense
• Plea negotiation timing and leverage
• Trial strategy and jury selection
• Sentencing mitigation and alternative programs
• Professional license and employment protection