Law Offices Of Richard C. McConathy

Third or Subsequent DWI

Weatherford Third or Subsequent DWI Attorney

Texas state law is more forgiving with a first or even second driving while intoxicated (DWI) offense, but the penalties quickly accelerate the moment a person is arrested for a third or subsequent offense. A third DWI is automatically a third-degree felony, which makes a case take on a whole new perspective after being misdemeanors for the first two offenses.

A felony DWI conviction has the potential to cause a host of problems that can relate to driver’s licensing to employment to housing. It is important for anybody accused of one of these crimes to take every step necessary to protect their freedom.

Third or Subsequent DWI3

Were you arrested for a third or subsequent DWI offense in Parker County? Do not wait to seek the help of a criminal defense lawyer today.

 

The Law Offices of Richard C. McConathy regularly handles DWI cases all over North Texas and has years of experience defending people who are alleged repeat offenders. We will be able to sit down with you and go over everything you are dealing with when you call (817) 458-3226 or contact our firm online to set up a free consultation.

Third or Subsequent DWI Charges in Texas

Under Texas Penal Code § 49.04, a person is guilty of DWI in Texas if they operate a motor vehicle in a public place while intoxicated. If a person was previously convicted of a DWI offense, they may face enhanced penalties under Texas Penal Code § 49.09(a).

 

While a first-time DWI offense with no aggravating circumstances is most often a Class B misdemeanor and a second DWI is usually a Class A misdemeanor, a third or subsequent DWI is charged as a third-degree felony. Police officers, sheriff’s deputies, or Texas Highway Patrol officers may use chemical tests, such as breath tests, blood tests or urine tests to determine a driver’s alcohol concentration (also known as blood-alcohol content, or BAC).

 

A driver may refuse a DUI test, but under Texas’ “implied consent” law (Texas Transportation Code § 724.011), a test refusal results in a driver’s license suspension of at least 180 days and up to two years. A suspension may be appealed through the Administrative License Revocation (ALR) process, but a hearing must be requested within 15 days of the arrest.

 

Texas defines a “motor vehicle” as “a device in, on or by which a person or property is or may be transported or drawn upon a highway, except a device used exclusively on stationary rails or tracks,” such as railroad cars. Motor vehicles include cars, trucks, motorcycles, boats, water scooters, airplanes, helicopters and even riding lawn mowers, but not trains.



 

In addition, a person must have “actual physical control” of a vehicle in order to be “operating” the vehicle.

 

“Intoxicated” is defined under the Texas Penal Code § 49.01(2) as:

 

Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body;  or
Having an alcohol concentration of 0.08 or more

 

Under Texas P.C. § 49.01(1), “alcohol concentration” means the number of grams of alcohol per:

 

210 liters of breath
100 milliliters of blood, or
67 milliliters of urine

 

In order for the State of Texas to convict a person of a third (or subsequent) DWI, a judge or jury must find that a person:

 

Operated a motor vehicle in a public place on a specific date in a certain county;
Operated a motor vehicle in a public place on a specific date in a certain county while intoxicated; and
Has previously been convicted two times (or more) of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated

Third or Subsequent DWI Penalties in Parker County

A third or subsequent DWI conviction in Texas may result in substantial criminal and civil penalties. A felony DWI conviction may result in:

 

A term of two to 10 years in the Texas State Prison
A fine of up to $10,000
Loss of driving privileges for a period of 180 days to up to two years, unless a hardship license is granted (a Texas DWI automatically triggers a driver’s license suspension unless an administrative hearing is requested within 15 days of the arrest); If a third DWI occurred within five years of a previous conviction, the offender’s driver’s license may be suspended for a mandatory period of one to two years
Probation or community supervision
As part of the community control (probation), the court must impose at least 160 hours of community service but may require up to 600 hours of community service
DWI repeat offender class
Completion of an approved alcohol or drug education course
Attendance at an approved drug treatment program
Counseling for alcohol or substance abuse
Community service (up to 1,000 hours)
The court must order an ignition interlock device (IID) which requires a deep lung air sample to be provided before the vehicle will start for all individuals convicted of a third or subsequent DWI crime as a condition of bond and before the individual can obtain any provisional or occupational driver’s license that might be awarded after the DWI conviction
Court costs and any additional fees required by the court
An expensive “SR-22” insurance certificate
A permanent criminal record

 

A previous felony conviction may result in a longer prison sentence for a new felony conviction because the offender may be declared a habitual felony offender. Texas Penal Code § 12.42(d) states that an offender who was convicted of any third-degree felony or higher for the second time may be punished by a term of life or up to 99 years in prison, with a minimum of 25 years imprisonment.

 

This means that an offender charged with his or her first felony DWI charge could possibly be sentenced to life in prison if he or she has a previous felony conviction, even if none of them involved drinking and driving.

 

Under the Texas Transportation Code, Title 7, Subtitle B, Chapter 521, a three-time DWI offender is also required to install, at their own expense, an “ignition interlock device (IID). An IID is a deep-lung breath analysis mechanism that makes it impossible to start a vehicle without first providing an alcohol-free breath sample. (An IID is also sometimes called a deep-lung device, or DLD.)

 

An IID is typically a handset with a blow tube connected to a vehicle’s ignition system and mounted to a vehicle’s dashboard or console. The Texas Code of Criminal Procedure, Title 1, Chapter 17, § 17.441 states that a judge requires an IID to be installed on every motor vehicle owned by a DWI offender.

 

An IID is expensive, with the driver paying all costs of installation and maintenance. A typical installation has a cost of between $70 and $200, and monthly “rental” and maintenance costs of $50 to $100. Texas tacks on other driver’s license fees for persons ordered to have an IID.

 

Although Texas enacted House Bill 2246 in 2015, which revised some of the laws related to IIDs, most third-time DWI offenders are not affected by the new law.

Weatherford Third or Subsequent DWI Resources

Weatherford | Alcoholics Anonymous (AA) — Many people who are arrested for their third or subsequent DWI offenses will inevitably have to consider they may have a drinking problem, and AA is one of the largest support groups in the world specifically dedicated to helping people overcome alcoholism. Use this website to find meetings in the Parker County area and also access assorted AA materials. It is important to keep in mind that the third tradition of AA states that the only requirement for membership is a desire to stop drinking, so you only have to want to quit the day you are attending to be able to attend a meeting.

 

Risk of Alcohol-Impaired Driving Recidivism Among First Offenders and Multiple Offenders — View a 2010 study examining the statewide impact of having prior alcohol-impaired driving violations of any type on the rate of first occurrence or recidivism among drivers with zero to three or more prior violations in Maryland. On average, there were 3.4, 24.3, 35.9, and 50.8 violations per 1000 drivers a year among those with 0, 1, 2, or 3 or more priors, respectively. The recidivism rate among first offenders more closely resembles that of second offenders than of nonoffenders, and any alcohol-impaired driving violation, not just convictions, is a marker for future recidivism.

Contact a Third or Subsequent DWI Lawyer in Parker County Today

If you were arrested for a third or subsequent DWI in the Weatherford area, there is no time to wait. It is urgent that you quickly find yourself legal representation so you will be as prepared as possible when heading into court.

 

The Law Offices of Richard C. McConathy has handled scores of repeat DWI cases and knows how to help people fight to get criminal charges reduced or dismissed. We will be able to completely review your case and answer all of your legal questions when you call (817) 458-3226 or contact us online to receive a free consultation.

Practice Area

DWI Defense

BWI Defense

First DWI

Flying While Intoxicated

Second DWI

Third or Subsequent DWI

Felony DWI

DWI with BAC over 0.15

Controlled Substances and DWI

Open Container

Intoxication Assault

Intoxication Manslaughter

DWI Test Refusal and Implied Consent

License Suspension Hearings

DWI with Child Passenger

DWI Expunction

Contesting Blood Alcohol Tests

Ignition Interlock Device

DWI with Property Damage

Underage DWI

Commercial DWI

SR-22 / DWI Insurance

Theft Crimes

Enhanced Offenses

Criminal Defense

Case Results

DISMISSED
DWI Blood Test Case + Prescription Meds
(Cr200606211)
 
DISMISSED
DWI Breath Test Case, Result Of .224
(Mb0453171)
 
DISMISSED
DWI Breath Test Refusal
(005-84171-05, Ccl6)
 
DISMISSED
DWI, Open Container
(Mb0534487)
 
DISMISSED
2nd DWI, Breath Test Refusal
(Mb-0262214-G Ccc6)
Parker Criminal Lawyer Richard & Brian

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