In Texas, punishments for DWIs increase dramatically after each arrest. The first two DWIs are charged as misdemeanors, but a third or more DWI will be charged as a felony in Texas, with the potential for prison time, lengthy driver’s license suspensions, longer probation and a permanent felony record. If you have been arrested for a DWI third it is critical that you speak with an experienced DWI attorney as soon as possible. There are deadlines relating to your driver’s license that must be met to avoid a suspension.
Attorney Jose Ceja is Board Certified in Criminal Law by the Texas Board of Legal Specialization. He is a former prosecutor with extensive experience prosecuting and defending DWIs. Mr. Ceja is trained in breath testing, blood testing and is certified to administer police balance tests.
How is a third DWI charged in Texas?
If you have two prior DWI convictions at the time you are arrested for DWI, your third DWI will be charged as a felony. The two prior DWIs must be both be convictions (if you are arrested for DWI while on bond for a second DWI, the “third” DWI arrest will be charged as a DWI second since you would only have one actual conviction). The age of the prior conviction does not matter in Texas and it is possible that a conviction from another state could be used if the elements of DWI in the other state contain similar elements as the Texas DWI statute.
A third DWI in Texas is charged as a third-degree felony, punishable by 2-10 years in prison. If you are assessed probation (which can be difficult, depending on your criminal history), it can be up to ten years in length.
What bond conditions can I expect for a DWI third in Houston?
Bond conditions for a DWI third can vary depending on the judge, but at a minimum, you should expect an ignition interlock in your car and restrictions on drinking alcohol or using illegal drugs and possibly restrictions on travel. In strict courts – or if you have more than two prior DWIs – it is possible that a judge could order no driving, a curfew or a SCRAM device (a device you wear around your ankle that continually monitors for the presence of alcohol).
Is my license suspended immediately after an arrest for DWI third? Will my license be suspended for a DWI third?
If your license was valid at the time you were arrested, and if your attorney requests an ALR hearing within 15 days, then your license will typically remain valid unless you are convicted (plead guilty or are found guilty at trial), or your license is suspended at the ALR hearing. You can always check the status of your driver’s license at the Department of Public Safety’s license eligibility page. In a DWI third, your license could be suspended if you are convicted or if it is suspended as a part of an Administrative License Revocation (ALR) case, that will typically take place alongside the criminal case.
Fortunately, even if your driver’s license is suspended after a DWI third, it is possible to obtain an occupational driver’s license in Texas that will allow you to drive to school, work or anywhere else.
Can I get probation or a reduced charge on a DWI third?
It is possible to get a DWI third reduced or to be granted probation. Of course, the goal of a DWI third arrest is to obtain a dismissal or to win at trial. However, if the facts are not in your favor, the next best result may be to have the case reduced to a misdemeanor, which would prevent a felony conviction on your record and limit the potential for jail time. An experienced DWI attorney should have a clear strategy to attack the evidence in the case and work towards a dismissal or a reduction.
How can I help my case if I have been charged with DWI third?
Although it is the job of your attorney to work towards a good result, there are several things a defendant in a DWI third can do to help.
To help maximize your chances of a good result after an arrest for DWI third, you should be sure to obey your bond conditions. By far the most common way that a defendant in a DWI gets in trouble is by consuming alcohol and having a positive alcohol reading in a device such as an ignition interlock or SCRAM. If you have a positive reading, your bond could be revoked and you could be put back in jail. Having your bond revoked could also cause a prosecutor and judge to believe that you are not taking the court’s rules seriously, which can be damaging to the outcome of your case.
For a DWI third or more, it can sometimes be helpful to seek out private alcohol counseling or attend Alcoholics Anonymous meetings. Although you should always speak to an experienced DWI attorney before taking any action that could impact your case, attending therapy or AA could be useful to show that you are taking any problem with alcohol seriously and are taking steps to get help. If you are in the position of being sentenced by a judge, for example, it could make a positive impact to show that you started attending AA immediately after your arrest and regularly attended while your case was pending.
Do I need a lawyer at my first court appearance on a DWI third?
You do not need a lawyer at your first court appearance on a DWI third. Your case will not be decided at your first court date on a DWI third and you will typically not have to make a statement or address the court. In Harris County, the main purpose of a first-court appearance on a DWI third is for the judge to review your bond conditions (the judge may wish to modify the bond conditions you may have received at the jail). It is not uncommon for defendants to appear without lawyers at a first court setting and it is always a good idea to do your research and choose the best DWI attorney for your case, rather than rush and hire a lawyer.
The main advantage of having an attorney with you at a first court appearance on a DWI third is an attorney will be able to advocate on your behalf regarding any bond conditions the judge may set in your case. However, a DWI attorney can ask the judge to modify your bond conditions at a subsequent court date.
Can ICE or immigration authorities arrest me at a court appearance for a DWI?
If you are not a United States citizen or undocumented, you may be fearful of being detained by immigration authorities when you make a court appearance on a DWI. This is not something that you should worry about. In Houston, judges are typically not concerned with your legal status and there are no ICE or immigration agents in court. If you are undocumented and charged with a DWI in Houston, it is a very bad idea to miss court as it will lead to a warrant for your arrest.
If you have been arrested for DWI third in Houston, call Ceja Law Firm today for a free consultation.