Third DUI is a felony. In Texas, your first two DUI convictions are misdemeanors (unless there are aggravating factors) but your third DUI conviction is categorized as a third degree felony.
Lookback Period. Texas has no lookback period. No matter when your first two DWI convictions occured, they will count as "priors."
If you had a BAC of .08 or higher, you will face the following penalties:
- Loss of driver license up to two years
- Annual fee of $1,000, $1,500, or $2,000 for three years to retain driver license
If you are convicted, the criminal penalties include:
- A $10,000 fine
- Two to 10 years in prison
- engage in community service for at least 80 hours (although a judge may order as many as 200 hours of service)
Being convicted of DUI three times in Texas is a strong indicator to the court that you may have a substance abuse problem. The court has the authority to order your confinement in a substance abuse facility for up to a year in lieu of incarceration.
It is often difficult to negotiate a plea bargain for a third offense. With the assistance of a skilled attorney, it may be possible to negotiate a lesser charge or fewer penalties, especially if your defense capitalizes on the possibility of a substance abuse problem.