With early intervention and the right legal strategy, it may be possible to reduce or even dismiss charges for a third DWI. It’s also crucial to act quickly—after an arrest, you only have 15 days to request a hearing to right a potential administrative license suspension through an Administrative License Revocation case.
Why José Ceja?
Jose Ceja is a Board-Certified Criminal Defense Attorney and a former prosecutor who has built a reputation for aggressive, strategic DWI defense. He is certified to administer standardized field sobriety tests, trained in forensic blood testing through Axion Labs in Chicago, and has extensive experience challenging DWI cases involving both breath and blood evidence. Mr. Ceja is a member of the DUI Defense Lawyers Association and is recognized as a Texas Super Lawyer. Ceja Law Firm has successfully defended felony DWI cases throughout Houston for years, delivering results that many attorneys cannot match.
Real Results: Case Outcomes We’ve Achieved
- Third DWI dismissed – client was stopped without reasonable suspicion; motion to suppress granted.
- Felony reduced to misdemeanor – prior convictions could not be proven due to insufficient identity evidence.
- Not guilty verdict – jury found that the client was not intoxicated at the time of driving despite a 0.10 blood result.
Understanding Third DWI Charges in Texas
In Texas, a third DWI is a third-degree felony. If you have two or more prior DWI-related convictions—including boating or flying while intoxicated, or DWI with a child passenger—a new DWI can be charged as a felony, regardless of how long ago the previous convictions occurred. The state can also use prior convictions from other states if the elements of the offense are substantially similar.
Penalties for a Third DWI Conviction
A third DWI conviction carries severe penalties:
- 2 to 10 years in prison
- Up to $10,000 in fines
- Mandatory 10 days in jail even if probation is granted
- Driver’s license suspension of up to 2 years
- “Super fines” of $3,000 to $6,000 may be assessed unless the defendant is found indigent
Repeat offenders may also face vehicle forfeiture and additional enhancements if they have served prior penitentiary sentences.
Consequences of a DWI Third in Texas
The consequences of a third DWI extend beyond court punishment:
- Loss of gun rights (as with any felony conviction)
- Temporary loss of voting rights
- Difficulty finding employment, especially in licensed professions
- Immigration consequences, including deportability or inadmissibility
- Family court implications, including impact on custody or visitation rights
These ripple effects can last for years after the case is resolved.
Cost of a Third DWI
A third DWI case is costly, with potential expenses including:
- Attorney’s fees
- Ignition interlock installation and monthly monitoring
- Court fines and probation fees
- Mandatory treatment or classes
- Lost income from jail time or license suspension
While hiring the cheapest lawyer may seem tempting, choosing an experienced felony DWI attorney often makes the difference between a conviction and a second chance.
Administrative License Revocation (ALR) Process
The ALR process is separate from your criminal case, but just as urgent. If you failed or refused a breath or blood test, your license will be suspended unless you request a hearing within 15 days of being served with a DIC-25 form. The ALR hearing is an opportunity to challenge the legality of the stop and arrest, and it can be valuable for both preserving your license and building your defense.
Bond Conditions in Houston Courts
If you are charged with a third DWI, expect the following bond conditions:
- Installation of an ignition interlock device
- Possible curfew and travel restrictions
- Random drug and alcohol testing
- No driving without court permission
Judges have broad discretion, and effective advocacy at the bond stage can reduce restrictions and avoid unnecessary hardship. Whatever your bond conditions, it is extremely important that you understand and follow them closely. If you are accused of violating your bond conditions in a third DWI case, your bond could be revoked, which may make it more difficult to obtain a favorable outcome.
How Ceja Law Firm Defends a Third DWI
At Ceja Law Firm, we approach every third DWI case with the urgency and precision it demands. A third DWI is a felony, and the consequences can be life-altering. Our defense strategy focuses on attacking every aspect of the State’s case—from the moment of the initial stop through the final piece of evidence—using both legal and scientific analysis.
Challenging the Initial Stop
Every DWI case starts with a detention, and we begin by closely analyzing whether law enforcement had a valid reason to stop you. If the officer lacked reasonable suspicion or if the stop was based on vague observations like “driving suspiciously” or “nervous behavior,” we may file a motion to suppress the evidence. We also challenge stops that were prolonged without justification, such as unnecessarily waiting for backup or delaying the investigation while other officers arrived.
Scrutinizing Field Sobriety Tests
We are trained in the same standardized field sobriety testing protocols that officers are supposed to follow, and we often find that these tests were administered incorrectly. Officers may give poor instructions, fail to demonstrate properly, or conduct tests in unsuitable conditions like uneven pavement or bad lighting. Even small errors can undermine the reliability of these tests and create grounds to exclude them or reduce their weight at trial.
Attacking Blood or Breath Evidence
In cases involving chemical tests, we challenge both the scientific process and the legal procedures used to obtain the evidence. This includes investigating whether:
- The blood draw was done pursuant to a valid warrant or legally obtained consent
- The testing instruments were properly calibrated and maintained
- The lab followed strict chain of custody procedures
- The results are scientifically valid and not based on flawed retrograde extrapolation
We also look for contamination, analyst error, or procedural mistakes that can raise doubts about the accuracy of the test.
Identifying Constitutional Violations
Many felony DWI cases involve serious constitutional problems. Common issues we challenge include:
- Arrests without probable cause
- Coerced or non-voluntary consent to blood draws
- Failure to respect the right to counsel at critical stages
- Miranda violations when questioning occurs after custody has begun
- Use of unlawfully obtained prior convictions to enhance the charge
These constitutional violations can lead to the exclusion of evidence, the reduction of charges, or even the dismissal of the case entirely.
Can a Third DWI Be Dismissed or Reduced?
Yes. Dismissal or reduction is often the goal. A third DWI may be dismissed due to:
- Lack of probable cause
- Unlawful stop or arrest
- Faulty lab work or unqualified analysts
- Inadmissible prior convictions (e.g., identity not established)
Even when dismissal isn’t possible, effective negotiation can result in a reduction to a misdemeanor or a plea agreement that avoids prison time.
Frequently Asked Questions (FAQ)
Can I still drive after being arrested for a third DWI?
If your license was valid before the arrest, it will remain valid unless suspended at an ALR hearing or by a court after conviction.
Is jail mandatory for a third DWI?
Yes. A conviction requires at least 10 days in jail as a condition of probation. If probation is not granted, the minimum prison sentence is 2 years.
Can I get probation if I am convicted?
Yes. Judges can grant probation for a third DWI, though it requires strong advocacy and favorable facts.
What if my previous DWIs were in a different state?
Under Texas Penal Code 49.09, out-of-state DWI convictions can be used to enhance the charge if the elements are substantially similar to Texas DWI laws.
How long will the case take?
Most third DWI cases in Houston take 6 months to a year or longer, depending on court dockets and the need for investigation or litigation.
Can a third DWI be expunged in Texas?
A third DWI can only be expunged if it is dismissed or if you are found “not guilty” at trial. If you are convicted, it cannot be sealed or expunged.
Contact José Ceja to Defend Your Third DWI Case
Don’t wait. A third DWI charge is serious, and the clock is ticking on your ability to protect your license. Contact Ceja Law Firm today for a confidential case review. José Ceja will help you understand your options, develop a strategy, and fight for the best possible outcome.
