Third DWI Offense (or more) – Third Degree Felony
Texas law requires all repeat DWI offenders to install a deep lung air device on their primary vehicle. You must blow into this device before you can start your car. If it detects alcohol on your breath, you cannot start your vehicle. With new technology, these devices can detect if you try to have someone else blow into it for you. You will also not be legally allowed to drive any vehicle that is not equipped with an ignition interlock device.
Punishment
Jail Time: Jail time cannot be less than two years or exceed 10 years.
Fine: Fines may not exceed $10,000.
If granted probation, you must spend 10 days in jail.
Common Conditions of Probation
Drivers License Suspension: You may lose your drivers license for a minimum of 180 days and a maximum of 2 years, or anywhere in between.
Monthly Reporting: You must report to your probation officer every month. Unless you legitimately have an emergency, there is no excuse to not show up. "I had to go to work" is not an emergency. "I did not have the probation fee" is not an emergency. Failure to report can result in jail time.
Community Service: Texas law mandates that you perform between 160 and 600 hours of community service on your third offense.
Jail Time: For a felony DWI, you may be granted probation and still spend up to 180 days in jail.
Fine: Probation also comes with a fine. Felony DWI fines are a minimum of $2000.
Court Costs: You will also have to pay court costs, which are about $300.
Deep Lung Air Device: This is formally called the "ignition interlock." To start your car, you have to blow air into the device. If it detects a certain level of alcohol, it will not allow you to start your car. Some devices must be blown into every 20 minutes while the car is being driven. This is at the judge’s discretion with first DWIs, but is mandatory for all subsequent DWIs.
Alcohol/Drug Evaluation: You will undergo an evaluation to see if you have a alcohol or drug problem. This is performed through a government agency, not your own provider. If they deem you to have a problem, you will be financially responsible for complying with recommended treatment. This type of evaluation will typically place an ignition interlock in your vehicle. You could also be mandated to attend Alcoholics Anonymous meetings as a condition of your probation, regardless of the results of your drug and alcohol evaluation.
No Alcohol Consumption: Some courts will not allow you to consume alcohol during your probation. You also cannot take any medicine that contains alcohol, like many types of cold medicine.
Antabuse Drug: This drug makes users violently ill when it is mixed with alcohol. Mouthwash and foods marinated in alcohol also cause this adverse effect. The drug must be taken each weekday in front of your probation officer or other law enforcement official. This condition usually only applies to felonies.
DWI Education Class: Within 180 days of being placed on probation, you must pay for and pass an approved education course. If you fail to do this, your driver’s license will automatically be suspended for one year.
Victim Impact Panel: You may be ordered to attend a victim impact panel. Victims of drunk drivers speak at these courses and tell you how their lives were adversely affected by drunk drivers, in hopes of deterring you from drinking and driving in the future.
Employment: You will be ordered to work regularly during your probation. If you do not have a job, you will be forced to attempt to find one. Your probation officer will monitor your efforts. You also must allow your probation officer to visit you at work.
Commit No Crimes: Any violation of the law can result in your probation being revoked. You will probably not have your probation revoked for a simple speeding ticket (excluding a reckless driving charge as a result) or for failing to use your turn signal (Class "C" traffic violation). But a Class "C" Public Intoxication will definitely send you to jail.
Residence: You can be ordered to stay within the State of Texas or even within a specific county during probation. If you want to go on vacation, you must obtain permission from your probation officer. If you move, you must notify your probation officer within five days. Your probation officer also must be allowed to visit you in your home if they want to.
Probation Fees: Every time you report to probation, you will have to pay a fee. The fee ranges from $40-$60 for each visit.
Drug Testing: You can be ordered to give a sample of your breath, blood, or (most often) your urine to your probation officer to determine the presence of any alcohol or drugs, and you will have to pay for the test.
Nightlife & Business Luncheons/Dinners: The Judge has the authority to ban you from all bars, nightclubs, honky-tonks, saloons, and any other establishment that serves alcohol! Keep in mind that most sports teams serve alcohol at their games.
Electronic Monitoring: Although unusual, Judges can require you to submit to electronic monitoring. You will be forced to wear a device (about the size of a pager) around your ankle. You will be allowed outside your home during specified periods of time. If you are not at home when required, your probation can be revoked.
Crime Stoppers: Many judges will order you to make a one-time payment to Crime Stoppers, in the $20-50 range.
Other Conditions: The judge may impose any other condition they see fit, including ordering the removal of all alcohol from your house. This includes vanilla extract, Nyquil, and mouthwash!
If granted probation, you will be given an order setting all the terms and conditions that apply to your specific case. You must comply with each and every term and condition – or you could go to jail.
Call today
We understand that a drunk driving conviction is not an option for you. At The Wilder Firm, we strive for all our clients to be found NOT GUILTY. For a quick response or free evaluation of your DUI/DWI arrest, please contact our Texas drunk driving attorneys at 469-227-0772.