Third Offense DWI Lawyer in Denton County | Free Consultation

A third DWI offense in Denton County is a third-degree felony punishable by 2 to 10 years in prison and up to a $10,000 fine. Unlike first or second offenses, there is no deferred adjudication available, and a conviction carries lifelong consequences including permanent loss of voting rights, employment barriers, and mandatory ignition interlock requirements. If you’re facing a third DWI charge, the stakes are higher than they’ve ever been.

The prosecution must prove you were operating a motor vehicle in a public place while intoxicated, and that you have two prior DWI convictions. Even if your previous convictions occurred years ago, they count toward your third offense. The good news is that these cases are defensible. We’ve secured dismissals on felony DWI cases, and we know how to challenge the evidence, protect your rights, and fight for the best possible outcome.

Why Clients Trust Varghese Summersett with Third Offense DWI Cases

Our criminal defense team brings over 100 years of combined experience to every felony DWI case. Our team includes former prosecutors and Board Certified criminal law specialists who understand how the prosecutors build DWI cases and where the weaknesses lie. We’ve successfully dismissed felony DWI charges in Denton County by challenging breath test results, blood draw procedures, and officer testimony. Our attorneys have been recognized by Texas Super Lawyers and regularly appear as legal experts in media outlets. When you’re facing prison time, you need lawyers who know what they’re doing. Past results do not guarantee future outcomes, but our track record speaks to our commitment and capability.

What Makes a Third Offense DWI Different?

A third DWI conviction is not just another misdemeanor. It’s a felony that fundamentally changes your legal status. You face prison time instead of county jail. You lose your right to vote until your sentence is fully discharged. You lose your right to own or possess firearms. Professional licenses may be permanently revoked. Employment opportunities disappear. Even after serving your sentence, the felony conviction follows you for life.

The financial consequences are equally severe. Beyond the $10,000 fine, you’ll face ignition interlock requirements, DWI intervention programs, surcharges, and higher insurance rates. For many people, a third DWI conviction also means losing their job and their immediate ability to support their family.

What the Law Says About Third Offense DWI in Texas

Under Texas Penal Code § 49.09(b), a third DWI offense is enhanced to a third-degree felony when the defendant has two prior DWI convictions. The prosecution must prove several elements beyond a reasonable doubt to secure a conviction:

First, you were operating a motor vehicle in a public place. Operation means more than just driving. It can include sitting in a parked car with the keys in the ignition, even if the engine is off. Public place includes roads, highways, parking lots, and other areas accessible to the public.

Second, you were intoxicated. Texas law defines intoxication two ways: not having the normal use of mental or physical faculties due to alcohol or drugs, or having a blood alcohol concentration of 0.08 or more. The State can prove intoxication through officer observations, field sobriety tests, breath tests, or blood tests.

Third, you have two prior DWI convictions. These convictions must be final. A deferred adjudication for DWI counts as a conviction for enhancement purposes. The prior convictions can be from any jurisdiction in the United States, and there’s no time limit. A DWI from 20 years ago still counts.

Penalties for Third Offense DWI in Denton County

A third DWI in Texas is a third-degree felony carrying severe penalties. The punishment range is 2 to 10 years in the Texas Department of Criminal Justice and a fine of up to $10,000, not including court costs and fees. Judges have discretion within this range based on the facts of the case and prior criminal history.

Unlike misdemeanor DWIs, a third offense is punishable by prison time, though felony probation may be available in some cases. If probation is granted, it may last up to 10 years and includes strict conditions such as substance abuse treatment, victim impact panels, random drug and alcohol testing, ignition interlock requirements, and monthly supervision fees. A probation violation can expose you to the full range of punishment.

A mandatory driver’s license suspension of up to two years applies, along with ignition interlock requirements set by the court.

Collateral consequences are severe and long-lasting. A felony DWI conviction affects voting rights, firearm possession, employment, housing, professional licenses, and immigration status for non-citizens.

What Bond Looks Like for Third Offense DWI in Denton County

Based on our analysis of Denton County bond data, the typical bond for a third or subsequent DWI offense (Texas Penal Code § 49.09(b)) is $10,000. However, the average bond amount across all third offense DWI cases in Denton County is $21,833.

Several factors influence bond amounts. If you have additional charges pending, your bond will be higher. If the arrest involved an accident, injury, or a high blood alcohol level, expect a substantially higher bond. If you’re on probation for a previous offense, the new arrest may result in no bond on the probation violation.

Bond conditions for third offense DWI cases typically include ignition interlock installation on any vehicle you operate, mandatory alcohol monitoring through SCRAM or other devices, prohibition from consuming alcohol or drugs, and regular check-ins with pretrial services. Violating any bond condition can result in bond revocation and immediate detention.

Common Defenses to Third Offense DWI Charges

The State must prove every element beyond a reasonable doubt. That standard creates opportunities for defense. We challenge the stop, the investigation, the testing, and the prior convictions. Every case is different, but several defenses appear repeatedly in successful DWI cases.

We examine whether the officer had reasonable suspicion to stop you. Officers need specific, articulable facts showing you violated the law or posed a danger. A vehicle swerving once is not enough. Equipment violations like a broken tail light require the officer to actually observe the violation, not just assume it exists. If the stop was illegal, everything that followed gets suppressed.

We scrutinize field sobriety tests. These tests are subjective and notoriously unreliable. Officers receive limited training, and they often administer tests incorrectly. Medical conditions, injuries, footwear, and road conditions can cause someone to fail even when sober. The horizontal gaze nystagmus test depends entirely on officer interpretation. Video evidence often contradicts officer testimony about test performance.

We challenge breath and blood test results. Breath test machines require regular maintenance and calibration. Operators need proper certification. Blood draws must follow strict protocols regarding consent, search warrants, and medical procedures. Chain of custody issues can render test results inadmissible. Lab errors happen more often than prosecutors like to admit.

We investigate prior convictions. The State must prove both prior convictions with judgment and sentencing documents. If those documents are missing or defective, the enhancement fails. We look at whether you were properly represented in prior cases, whether your rights were violated, and whether the convictions are legally sufficient for enhancement purposes.

In some cases, we can argue necessity or duress. If you drove while intoxicated to escape immediate danger or prevent a greater harm, that may provide a defense. These situations are rare, but when they exist, we use them.

The Legal Process for Third Offense DWI in Denton County

Understanding what happens after arrest helps you prepare. The process moves quickly, and missing deadlines can cost you critical rights and defenses.

Arrest and Booking

After arrest, you’re taken to Denton City Jail or Denton County Jail for booking. Officers will process you, take your photograph and fingerprints, and place you in a holding cell. You’ll appear before a magistrate within 48 hours for an initial appearance where the judge informs you of the charges, sets bond, and appoints counsel if you cannot afford a lawyer.

Bond and Release

Once bond is set, you can post cash, use a bondsman, or request a bond reduction hearing. For third offense DWI cases, bonds typically range from $10,000 to $25,000 or more. After release, you must comply with all bond conditions. Installing an ignition interlock device before driving is mandatory. Contact a lawyer immediately after release.

License Suspension and ALR Hearing

Your driver’s license faces automatic suspension through the Administrative License Revocation (ALR) program. You have 15 days from the date of arrest to request an ALR hearing. Missing this deadline means automatic suspension. A lawyer can request the hearing for you and challenge the suspension. The ALR hearing is separate from your criminal case and happens first.

Grand Jury Indictment

Felony cases require a grand jury indictment. The prosecutor presents evidence to the grand jury, which decides whether probable cause exists to charge you. Grand jury proceedings are secret, and you have no right to attend or present evidence. If the grand jury returns an indictment, you’ll be prosecuted on the felony charge.

Arraignment

Arraignment is your first appearance on the indicted charge. The judge reads the indictment, and you enter a plea of guilty, not guilty, or no contest. Most defendants plead not guilty at arraignment. The judge sets future court dates and may modify bond conditions.

Discovery and Investigation

Your lawyer will obtain discovery from the prosecution, including police reports, body camera video, dash camera video, breath or blood test results, calibration records, officer training records, and witness statements. We investigate independently, interviewing witnesses, visiting the arrest location, and consulting experts when needed. This phase can take several months.

Pretrial Motions

We file motions to suppress evidence, dismiss charges, or compel the State to produce additional discovery. Motion hearings allow us to challenge the legality of the stop, the administration of tests, and the admissibility of evidence. Winning a motion to suppress can result in dismissal of the entire case.

Plea Negotiations

Most cases resolve through plea bargaining. We negotiate with prosecutors to reduce charges, lower sentences, or secure favorable terms. For a third DWI, possible outcomes include a reduction to a misdemeanor (rare but possible), probation instead of prison, or a shorter prison sentence. We never recommend pleading guilty without thoroughly investigating your case and exploring all defenses.

Trial

If negotiations fail, we take your case to trial. You have the right to a jury trial. The State must prove guilt beyond a reasonable doubt. We cross-examine witnesses, present evidence, call our own witnesses, and argue the law. Trials typically last 2 to 5 days. If acquitted, you walk free. If convicted, the judge or jury determines your sentence.

What to Do After a Third DWI Arrest in Denton County

The hours and days after arrest are critical. What you do now affects the outcome of your case. Follow these steps to protect your rights and build a strong defense.

Do not talk to police without a lawyer present. Anything you say can and will be used against you. Officers may seem friendly or suggest that cooperation will help. It won’t. Exercise your right to remain silent. Tell officers you want a lawyer and stop answering questions.

Request an ALR hearing within 15 days. This hearing challenges the administrative suspension of your driver’s license. The deadline is strict. Missing it means automatic suspension. A lawyer can request the hearing and represent you at no additional cost.

Preserve evidence immediately. Request copies of body camera footage, dash camera footage, and police reports. These materials can be destroyed or lost if not preserved quickly. Take photographs of the arrest location, your vehicle, and any injuries or medical conditions that may have affected field sobriety tests.

Avoid discussing your case on social media or with anyone other than your lawyer. Prosecutors monitor social media. Anything you post can be used as evidence. Friends and family members can be subpoenaed to testify about statements you made to them.

Do not drive without a valid license. If your license is suspended, driving will result in additional criminal charges. Use ride-sharing services, public transportation, or friends and family for transportation. If you must drive for work, discuss occupational license options with your lawyer.

Attend all court dates. Missing court results in a warrant for your arrest and forfeiture of your bond. Keep track of dates and set reminders. If you cannot attend for a legitimate reason, notify your lawyer immediately.

How a Felony DWI Conviction Affects Your Future

A third DWI conviction carries consequences that extend far beyond your sentence. Understanding these impacts helps you appreciate the importance of fighting the charges.

Employment opportunities disappear. Most employers conduct criminal background checks. A felony conviction disqualifies you from many jobs, especially those requiring professional licenses, security clearances, or positions of trust. Even if you find work, your earning potential drops significantly compared to non-felons.

Housing becomes difficult. Landlords routinely reject applicants with felony convictions. Public housing programs may deny you. Finding stable housing after release is one of the biggest challenges felons face.

Immigration consequences can be severe. Non-citizens convicted of DWI offenses face deportation, denial of naturalization, and inadmissibility to the United States. Even lawful permanent residents can be removed for multiple DWI convictions. Consult an immigration attorney immediately if you’re not a U.S. citizen.

Parental rights are at risk. A felony conviction can affect custody and visitation rights. Courts consider criminal history when determining the best interests of the child. Child Protective Services may become involved if your conviction suggests risk to your children.

Insurance rates skyrocket. After a third DWI, you’ll be classified as a high-risk driver. Some insurance companies refuse to cover you at any price. Those that do will charge rates 3 to 5 times higher than standard policies. You may be required to file an SR-22 certificate, which further increases costs.

Why Hiring a Lawyer Early Makes a Difference

The earlier you hire a lawyer, the better your chances of a favorable outcome. Evidence disappears. Witnesses forget details. Video footage gets erased. Officers retire or transfer. We need time to investigate your case properly.

Lawyers can challenge the administrative license suspension at the ALR hearing. Winning this hearing preserves your driving privileges while the criminal case proceeds. Losing costs you months without a license and makes it harder to work, attend treatment, or meet with your lawyer.

Early investigation uncovers defenses the State hopes you won’t find. We review officer training records, breath test machine maintenance logs, and blood draw procedures. We identify witnesses the State didn’t interview. We preserve evidence before it’s lost or destroyed.

Negotiating leverage increases when we act quickly. Prosecutors know when a lawyer has thoroughly investigated a case. They’re more likely to offer favorable plea deals when they know their case has weaknesses. Waiting until trial approaches gives the State time to fix problems and strengthen their case.

What to Expect From Varghese Summersett

When you hire us, you’re not just getting a lawyer. You’re getting a team dedicated to protecting your future. Here’s what that means:

We investigate immediately. Our team requests police reports, video footage, and test results. We interview witnesses, visit the arrest scene, and consult experts when necessary.

We communicate clearly. Legal jargon confuses people. We explain your options in plain language so you can make informed decisions. You’ll have direct access to your attorney, not just a paralegal or assistant. We return calls promptly and keep you updated on developments.

We prepare for trial. Many lawyers talk about trial but rarely go. We try cases regularly. Prosecutors know this, and it strengthens our negotiating position. When they know we’re willing to take a case to trial, they offer better deals.

We fight for the best possible outcome. Sometimes that’s a dismissal. Sometimes it’s a reduction to a lesser charge. Sometimes it’s probation instead of prison. We evaluate every option and pursue the one that serves your interests best. We never pressure you to plead guilty, and we never give up on your case.

Watch: Understanding Felony DWI in Texas

Our attorneys explain what makes a DWI a felony offense and what you can expect if you’re facing these charges:

Frequently Asked Questions

Can I get deferred adjudication for a third DWI?

No. Texas law prohibits deferred adjudication for third offense DWI. Under Texas Code of Criminal Procedure Article 42A.102(b), defendants are ineligible for deferred adjudication if charged with DWI and have a prior DWI conviction. Since a third offense requires two prior convictions, deferred adjudication is not available. If convicted, the offense goes on your permanent record as a felony.

Will I go to prison for a third DWI?

Not necessarily. Judges can sentence you to prison, but they can also grant probation. Your criminal history, the facts of your case, and the quality of your legal representation all influence this decision. Many defendants receive probation for a third DWI, especially if they have no other felony convictions and no aggravating factors like an accident or injury. However, probation for a felony carries strict conditions, and any violation can send you to prison for up to 10 years.

How long will a third DWI conviction stay on my record?

Forever. Felony convictions cannot be expunged or sealed in Texas. Even if you successfully complete probation, the conviction remains on your record permanently. It will appear on background checks for employment, housing, loans, and professional licenses. This is why fighting the charges is so important. Once convicted, you cannot undo it.

What if my prior DWI convictions are from another state?

They still count. Texas law allows the State to use out-of-state DWI convictions for enhancement purposes. It doesn’t matter where the prior convictions occurred. A DWI from California, a DUI from Florida, it all qualifies. The State must prove the prior convictions meet Texas standards, which gives us opportunities to challenge them, but generally, out-of-state convictions enhance Texas charges.

Can I still drive with an occupational license after a third DWI?

Possibly, but it’s complicated. If convicted, you face a two-year license suspension. You may qualify for an occupational license, which allows limited driving for work, school, or essential needs. However, you must install an ignition interlock device on any vehicle you operate. The device requires you to pass a breath test before the car starts. If you’re on probation, the court may impose additional restrictions on driving privileges. Discuss your specific situation with a lawyer to understand your options.

A third DWI conviction will follow you for the rest of your life. Don’t face these charges alone. Our experienced criminal defense team has successfully defended clients in Denton County facing felony DWI charges. We know the judges, the prosecutors, and the system. We know how to build a defense that works. Call us at 817-203-2220 for a free consultation. We’re available 24/7 because we understand that arrests don’t happen on a schedule. Let us help you fight for your future.