Third DWI Lawyer in San Antonio, TX

Facing a Third DWI Charge in San Antonio, Texas? Get Experienced Legal Help Now

If you’ve been arrested for your third DWI offense in San Antonio, you’re facing a Third-Degree Felony under Texas law. A third conviction for Driving While Intoxicated is far more serious than a DWI first or second DWI offense—and it carries life-changing consequences.

What Are the Penalties for a Third DWI in Texas?

A third DWI conviction in Bexar County or anywhere in Texas can result in:

• 2 to 10 years in Texas state prison
• Fines up to $10,000
• License suspension for up to 2 years
• Mandatory ignition interlock device
• Felony probation and supervised release

But penalties vary depending on the circumstances. The strength of the prosecution’s evidence, any prior convictions, and aggravating factors—such as a high blood alcohol concentration (BAC), involvement in a crash, or driving with a child passenger—can significantly impact your case.

What Counts as a Third DWI in Texas?

Under Texas law, a third DWI offense is automatically classified as a Third-Degree Felony—regardless of whether the prior convictions occurred in Texas or another state.

According to Texas Penal Code § 49.09(b), a person commits a third-degree felony DWI if they have two prior convictions for:

• Operating a motor vehicle while intoxicated
• Operating an aircraft, watercraft, or amusement ride while intoxicated

This means that even if your previous DWIs happened years ago—or outside of Texas—they can still be used to elevate your current DWI charge to a felony. In San Antonio and across Bexar County, prosecutors take third DWI charges very seriously, and courts often impose harsh sentences.

If you’re facing a third DWI arrest in San Antonio, it’s critical to act fast and consult a defense attorney with felony DWI experience.

No Time Limit on Prior DWI Convictions in Texas

Unlike some states, Texas does not have a “look-back” period for DWI offenses. This means there is no expiration date on your previous convictions.

Whether your prior DWIs happened 5, 10, or even 20 years ago, they still count toward a third-offense DWI under Texas law. If you’ve been convicted of two prior DWIs, no matter how long ago or where they occurred, a third arrest will likely be charged as a Third-Degree Felony.

In San Antonio and Bexar County courts, prosecutors routinely use old DWI convictions to enhance new charges—making it even more important to have an experienced felony DWI attorney on your side.

Penalties for a Third DWI Conviction in Texas

A third DWI offense in Texas is a felony, not a misdemeanor—and the consequences reflect the serious nature of the charge. Unlike first or second offenses, which may involve local jail time, a third DWI conviction can send you to state prison.

Felony-Level Consequences You May Face:

• 2 to 10 years in a Texas Department of Criminal Justice (TDCJ) prison
• Up to $10,000 in fines
• Extended driver’s license suspension
• Mandatory ignition interlock device
• Felony probation with strict supervision
• Loss of certain civil rights (like owning firearms or voting while incarcerated)

Serving time in a state prison—as opposed to the county jail—means you’ll be housed with individuals convicted of violent and high-level felonies. Beyond incarceration, a felony DWI conviction carries lasting consequences, including a permanent criminal record that can damage your employment, housing, and reputation.

If you’re facing a third DWI in San Antonio, legal representation is not just important—it’s essential.

How Much Prison Time Can You Get for a Third DWI in Texas?

In Texas, criminal offenses are classified into different degrees of felonies based on their severity. A third-offense DWI is considered a Third-Degree Felony—a serious charge with substantial prison exposure.

unlike your first DWI, According to Texas Penal Code § 49.09(b), a third DWI conviction qualifies as a third-degree felony. Under Penal Code § 12.34, this offense is punishable by:

• A minimum of 2 years in state prison, and
• A maximum of 10 years

While first-time DWI offenders in San Antonio may be eligible for probation, reduced penalties, or diversion programs, repeat DWI offenders rarely receive the same leniency. A third conviction shows a pattern of impaired driving, and Texas courts treat these cases with firm consequences to protect public safety.

Even though it is on the lower end of the felony scale, a third-degree DWI conviction can permanently alter your life—and often leads to real prison time, not county jail.

Can You Get Probation for a Third DWI in Texas?

Yes—probation is possible for a third-offense DWI in Texas, but it comes with strict conditions and a mandatory jail sentence.

Although Texas law sets a prison range of 2 to 10 years for third-degree felony DWI, the court may choose to probate all or part of that sentence. This means that instead of serving the full prison term, you may be released under strict supervision—as long as you comply with the terms of probation.

Mandatory Jail Time Still Applies

Even with a plea deal that includes probation, Texas law requires you to serve a minimum of 10 days in jail. The judge cannot waive this time, though they may credit any time served at the time of your arrest.

Common Conditions of Probation for Third DWI:

• 600 hours of community service
• Attendance at alcohol education or treatment programs
• Participation in a DWI intervention program
• Regular meetings with a probation officer
• Installation of an ignition interlock device
• No further arrests or legal violations during probation

Both the prosecutor and judge must agree to any plea deal involving probation. If you’re facing a third DWI charge in San Antonio, having an experienced defense attorney can help you negotiate the best possible outcome—whether that’s reduced time, probation, or an alternative sentence.

How Much Are the Fines for a Third DWI in Texas?

Alongside potential prison time, a third DWI conviction in Texas carries substantial financial penalties. Under Texas Penal Code § 12.34, a third-degree felony DWI is punishable by a fine of up to $10,000.

What You Could Be Ordered to Pay:

• Up to $10,000 in court-imposed fines
• Court costs and administrative fees
• Mandatory DWI education or counseling programs
• Monthly probation supervision fees
• Ignition interlock device installation and maintenance
• Driver license reinstatement fees
• Insurance rate increases (SR-22 requirement)

While the judge may not impose the full $10,000 fine, these additional costs add up quickly. Many people facing a third DWI conviction in San Antonio are shocked by the true financial impact, which can exceed tens of thousands of dollars over time.

If you’re arrested for a third DWI in Bexar County, it’s crucial to work with a defense attorney who can help you fight the charges—or negotiate to reduce both the penalties and the overall financial burden.

Will You Lose Your License After a Third DWI in Texas?

Yes—driver’s license suspension is almost guaranteed after a third DWI conviction in Texas. As with jail time and fines, the administrative penalties get harsher with each offense.

License Suspension Timeline by Offense:

• First DWI: Up to 6 months, depending on circumstances
• Second DWI: Up to 1 year suspension
• Third DWI: Up to 2 years license suspension

If convicted of a third DWI in San Antonio, you could lose your driving privileges for a full 24 months. In many cases, the court will also require you to install an Ignition Interlock Device (IID) as a condition of reinstating your license.

What Is an Ignition Interlock Device?

An IID is a breathalyzer installed in your vehicle. Before the engine starts, you must blow into the device. If it detects alcohol, your car won’t start. Courts typically order this device for repeat DWI offenders—even before the case concludes.

Don’t Miss Your ALR Hearing

In addition to criminal penalties, Texas imposes civil license suspensions through the Administrative License Revocation (ALR) process. After a DWI arrest, you only have 15 days to request an ALR hearing to challenge your suspension. If you miss this window, your license will be suspended automatically—even if your criminal case hasn’t been resolved.

That’s why it’s critical to work with a San Antonio DWI attorney immediately. Your lawyer can request and represent you at the ALR hearing, increasing your chances of preserving your driving privileges while your case is pending.

Life-Changing Consequences of a Third DWI Conviction in Texas

The formal penalties for a third DWI conviction in Texas—such as prison time, fines, and license suspension—are only part of the picture. A felony DWI conviction can carry long-term collateral consequences that extend far beyond the courtroom.

These additional effects can seriously disrupt your personal, professional, and financial life—even after your sentence is complete.

Collateral Consequences of a Felony DWI in Texas:

• Job Loss or Career Limitations
  A felony conviction can cost you your current job and make it difficult to find new employment—especially in roles that involve driving, handling sensitive data, or working with the public.
• Loss of Professional Licenses
  Doctors, nurses, pharmacists, teachers, and other licensed professionals may face disciplinary action or revocation of their credentials.
• Difficulty Securing Housing
  Landlords and property managers often conduct background checks and may deny housing to individuals with felony records.
• Loss of Child Custody
  Family courts may view a felony DWI as a risk to children’s safety, affecting divorce, custody, or visitation rights.
• Loss of Voting Rights
  In Texas, those convicted of a felony lose the right to vote until their full sentence—including parole or probation—is complete.
• Firearm Restrictions
  Under Texas Penal Code § 46.04, a person convicted of a felony cannot possess a firearm until five years after completing their sentence.
• Damage to Your Reputation
  A felony DWI can harm your standing in the community, impacting future scholarships, honors, leadership roles, or volunteer opportunities.
• Denial of Government Benefits
  Some federal and state assistance programs may disqualify individuals with felony convictions, including housing aid and food assistance.

If you’re facing a third DWI charge in San Antonio, it’s critical to understand that the stakes go well beyond prison. A knowledgeable DWI attorney can help you mitigate these consequences and build a strong defense from the start.

Charged With a Third DWI After a Blood Test in San Antonio?

If you’re facing a third DWI charge in San Antonio, there’s a strong chance the arrest involved a chemical test—especially a blood test. Texas law allows officers to arrest you if they have probable cause to believe you were intoxicated, and blood testing is one of the most common tools used to support that claim.

Why Blood Tests Are Used in DWI Arrests

Police may request or compel a blood sample when:

• A breathalyzer is unavailable or unreliable
• You’re suspected of drug use (not just alcohol)
• You’re unconscious or unable to consent
• An accident results in serious injury or death

Blood tests are often considered more accurate than breath tests, especially when drugs (prescription, illegal, or even over-the-counter) are suspected. However, they’re not infallible—errors in collection, storage, or lab analysis can result in false positives or inflated results.

If your third DWI charge is based on a blood test, it’s crucial to have an attorney who understands toxicology reports, chain of custody, and how to challenge improper testing procedures.

Can You Refuse a Blood Test During a DWI Arrest in Texas?

Yes—under Texas law, you can refuse a blood test during a DWI stop. But refusing doesn’t mean you’re off the hook, and it may trigger serious consequences.

What Happens If You Refuse a Blood Test?

1. Automatic License Suspension
   Even if you’re not convicted, refusing a blood test can result in an automatic driver’s license suspension under Texas’s implied consent laws. To fight this, you must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest.
2. Police Can Still Get a Warrant
   If officers believe you’re intoxicated, they can quickly obtain a search warrant for a blood draw. Judges in Bexar County are often available 24/7 to issue warrants electronically—meaning refusal doesn’t guarantee avoidance of testing.

While you have the right to say no, refusing a chemical test doesn’t prevent arrest, and in many cases, it may make your situation worse. If you’re facing your third DWI in San Antonio, consult an attorney immediately to protect your rights and challenge any evidence collected against you—including blood test results.

Arrested for a Third DWI After a Breath Test in San Antonio?

If your third DWI arrest involved a breath test, you’re not alone—these are among the most commonly used tools by law enforcement in San Antonio and throughout Texas. Breathalyzers estimate your blood alcohol concentration (BAC) based on a sample of your breath. However, despite their frequent use, breath test results are not always accurate or reliable.

Why Breath Test Results May Be Unreliable:

Breath tests don’t directly analyze your blood—they infer BAC using algorithms and assumptions. As a result, numerous factors can distort the outcome.

Common Issues That Can Invalidate Breath Test Results:

• Improper calibration or maintenance of testing equipment
• Deviations from police testing protocol
• Recent food, drink, or mouthwash consumption
• Medical conditions (acid reflux, diabetes, etc.)
• Medications, body weight, age, or gender differences
• Residual alcohol in the mouth from burping or dental work

An experienced San Antonio DWI defense attorney can investigate every possible weakness in the state’s breath test evidence. Successfully challenging the validity of the breathalyzer could lead to reduced charges—or even dismissal.

If you’ve been charged with your third DWI based on a breath test, don’t assume the results are final. Let a skilled attorney review the details and fight to protect your future.

Can You Refuse a Breathalyzer During a DWI Stop in Texas?

In most cases, you have the right to refuse a breathalyzer during a DWI stop in Texas. However, refusing to take the test—especially if you’re facing a third DWI charge—comes with serious consequences.

What Happens If You Refuse a Breath Test?

• License Suspension:
  Under Texas’s implied consent laws, refusal can result in an automatic driver’s license suspension, even if you’re never convicted. This is especially damaging in a third-offense DWI, where administrative penalties are already severe.
• “No Refusal” Weekends in San Antonio:
  During “No Refusal” periods (commonly on holidays and weekends), police are ready to quickly obtain electronic warrants to collect a blood sample if you decline the breath test. So while refusal is allowed, it may not stop the state from testing your BAC.

Important to Know:

If you’re arrested for a third DWI in San Antonio and refuse the breathalyzer, your license may be suspended, and the prosecution may use your refusal as part of its case.

The best course of action? Contact a DWI attorney immediately to protect your rights and fight to keep your license through an ALR hearing.

Facing a Third DWI Charge After an Accident in San Antonio?

If you’ve already been convicted of two prior DWIs, a third offense is automatically a third-degree felony in Texas. But if your third DWI involves a car accident, the stakes are even higher—you may face enhanced charges and penalties based on the severity of the crash.

Aggravating Factors That Elevate a Third DWI:

• Property Damage: Even minor damage to another vehicle or structure can increase the severity of your case.
• Injury to Another Person: Causing injury may result in intoxication assault charges, a second-degree felony punishable by up to 20 years in prison.
• Death: If someone dies in the crash, you could be charged with intoxication manslaughter, a second-degree felony (or higher), carrying even more severe penalties.

An accident during a third DWI arrest in San Antonio significantly increases your exposure to prison time, fines, and long-term consequences. Prosecutors often pursue these cases aggressively—especially when injury or death is involved.

If you’re in this situation, don’t wait. You need a skilled felony DWI attorney who understands how to challenge both the underlying DWI charge and the evidence related to the accident.

Third DWI Involving Property Damage in San Antonio

If your third DWI arrest involved a crash that caused property damage, you may face additional criminal charges beyond the felony DWI itself. In Texas, prosecutors can charge you with separate offenses based on the extent and nature of the damage caused by the accident.

Possible Charges Include:

• Reckless Damage
  • A Class C Misdemeanor under Texas law
  • Often added when property damage occurs due to careless or intoxicated driving
• Criminal Mischief
  • Can be charged as a misdemeanor or felony, depending on the value of the property damaged
  • Applies if the damage was intentional or reckless and caused significant loss

If your third DWI results in substantial property damage, it’s possible to face multiple felony charges—each carrying prison time, fines, and long-term consequences. On top of that, you may be required to pay full restitution for the damage caused.

When charged with a third DWI involving an accident in San Antonio, you need an attorney who can not only fight the DWI itself but also defend you against additional charges like criminal mischief or reckless damage.

Third DWI Involving Serious Bodily Injury in San Antonio

If your third DWI offense results in an accident that causes serious bodily injury, you won’t just face a standard felony DWI charge—you may also be charged with intoxication assault, a separate and equally severe criminal offense under Texas law.

What Qualifies as Serious Bodily Injury?

Texas law defines serious bodily injury as any injury that:

• Poses a substantial risk of death
• Results in permanent disfigurement
• Causes prolonged loss or impairment of a bodily function or limb

Penalties for Intoxication Assault

• Charged as a third-degree felony
• Punishable by 2 to 10 years in Texas state prison
• Fines of up to $10,000
• Restitution may be required to compensate the injured party

Prosecutors in Bexar County take intoxication assault cases extremely seriously—especially when the defendant has prior DWI convictions. If convicted, you could face multiple felony counts, significant prison time, and long-term personal and financial consequences.

If you’ve been charged with a third DWI involving serious injury, contact a skilled San Antonio felony DWI attorney immediately. Early intervention could make a critical difference in your case.

Third DWI Involving Death: Intoxication Manslaughter Charges in Texas

If your third DWI arrest in San Antonio involved a fatal accident, you could be facing one of the most serious charges under Texas law: intoxication manslaughter.

This charge applies regardless of when the death occurs—it could happen at the scene, in the hospital hours later, or even weeks after the crash. If prosecutors can link the death to intoxicated driving, they can file additional felony charges, separate from your DWI.

What Is Intoxication Manslaughter?

Intoxication manslaughter is a second-degree felony under Texas Penal Code § 49.08. It applies when a person:

• Operates a motor vehicle while intoxicated, and
• Causes the death of another person due to that intoxication

Penalties for Intoxication Manslaughter:

• 2 to 20 years in state prison
• Up to $10,000 in fines
• Court-ordered restitution to the victim’s family
• Permanent felony record

A third DWI that results in a fatal crash may expose you to multiple felony charges—each carrying decades of prison time. These cases are aggressively prosecuted in Bexar County, and judges are rarely lenient.

If you’re facing a potential intoxication manslaughter charge in San Antonio, it is critical to contact a seasoned DWI defense attorney immediately to begin building a defense and protect your rights.

Defending Against a Third DWI Charge in San Antonio

When you’re facing a third DWI charge—a felony under Texas law—you need a legal team that prepares every case as if it’s going to trial. Even if your case ultimately results in a plea deal, the best outcomes usually come from presenting the strongest, most aggressive defense possible.

At Ried Pecina Trial Lawyers, we thoroughly examine every aspect of your arrest to identify constitutional violations, procedural errors, and evidentiary weaknesses that could lead to reduced charges—or even a full dismissal.

Common Defenses to Third DWI Charges in Texas:

• Unlawful Traffic Stop
  Police had no reasonable suspicion to pull you over
• No Probable Cause for Testing
  Officers lacked justification to administer field sobriety or chemical tests
• Not Operating the Vehicle
  You were not in control of the vehicle at the time of arrest
• Private Property Defense
  The vehicle was not operated in a public place, as required under DWI law
• Blood Test Challenges
  Your BAC results were below the legal limit, or improperly analyzed
• Broken Chain of Custody
  The prosecution may not be able to prove the evidence was properly handled
• Constitutional Rights Violations
  Any evidence obtained through unlawful searches or seizures may be suppressed
• Faulty or Uncalibrated Equipment
  Breath or blood test devices may have been poorly maintained or unreliable
• No Observational Evidence
  Officers failed to observe or document signs of intoxication

Every case is unique. The key is hiring a San Antonio DWI attorney who understands how to challenge the state’s evidence at every stage and protect your rights in both court and administrative proceedings.

Strategic Defense Planning for Third DWI Charges in San Antonio

In any Texas third-offense DWI case, raising specific legal defenses is critical—but it’s not the only path to victory. A comprehensive defense strategy involves challenging every aspect of the state’s case while also using procedural tools, expert analysis, and negotiation tactics to achieve the best possible outcome.

At Ried Pecina Trial Lawyers, we pursue every legal strategy available to protect your freedom, license, and future.

Defense Strategies We May Use in Your Third DWI Case:

• Negotiate Fair Bail Terms
  So you can return to work and care for your family while preparing your defense
• Enter a Not-Guilty Plea at Arraignment
  To preserve all your constitutional and procedural rights
• File for Early Dismissal
  If the prosecution’s evidence is legally insufficient on key elements of the felony DWI charge
• Request an ALR Hearing
  To challenge the automatic suspension of your driver’s license and preserve your ability to drive
• Plea Bargain for Charge Reduction or Dismissal
  Leveraging a well-prepared defense to secure favorable terms based on mitigating evidence
• File Motions to Suppress
  To exclude any evidence obtained through unlawful searches, seizures, or rights violations
• Hire Expert Toxicologists
  To challenge the accuracy and reliability of breath, blood, and field sobriety test results
• Use Lay and Expert Witnesses
  To present alternative explanations or support reasonable doubt
• Cross-Examine Prosecution Witnesses at Trial
  To expose inconsistencies, weaknesses, or lack of credibility in their testimony
• Seek Dismissal at Trial for Lack of Proof
  By holding the prosecution to its burden on every element of the offense
• File Post-Trial Motions and Appeals
  To correct any legal errors or unfair procedures that impacted your case outcome
• Assist with Expunction
  If your case is dismissed or you’re acquitted, we can help clear your criminal record

When your future is on the line, you deserve a defense team that does more than just show up—you need one that prepares, fights, and challenges every step of the case.

Arrested for a Third DWI in San Antonio? Call Our Felony DWI Defense Lawyers Today

If you’ve been arrested for a third DWI in San Antonio, you’re likely facing a third-degree felony—a charge that could change the course of your life. A felony conviction doesn’t just mean the risk of prison time—it also brings long-term consequences like loss of civil rights, damage to your career, and a permanent criminal record.

At Ried Pecina Trial Lawyers, we understand what’s at stake. Our experienced San Antonio DWI attorneys will act fast to protect your rights, challenge the evidence, and fight for the best possible outcome in your case.

Call us today at (956) 368-0000 or schedule a free consultation to speak directly with a skilled felony DWI lawyer.
We proudly serve clients throughout San Antonio, Bexar County, and the surrounding areas.
Hablamos Español.

FAQ: Third DWI Charges in San Antonio, Texas

What is the penalty for a third DWI in Texas?

A third DWI is a third-degree felony in Texas, punishable by 2 to 10 years in state prison, up to $10,000 in fines, and a driver’s license suspension of up to 2 years. Additional penalties may include probation, ignition interlock, and mandatory alcohol education programs.

Will I go to prison for a third DWI in San Antonio?

Prison time is possible—and even likely—for a third DWI conviction. However, with the right legal defense, you may be eligible for probation, and in some cases, reduced charges. Every case depends on the facts, prior record, and strength of your defense.

Can a third DWI be reduced to a misdemeanor?

It’s rare, but possible in limited situations. A skilled San Antonio DWI lawyer can sometimes negotiate a reduction based on insufficient evidence, violations of rights, or mitigating circumstances. However, most third DWIs remain felonies under Texas law.

Can I refuse a breath or blood test during my third DWI arrest?

Yes, but refusal can trigger an automatic license suspension through the Administrative License Revocation (ALR) process. During “no refusal” weekends, officers may obtain a search warrant for a blood draw even if you decline.

What happens if my third DWI involved an accident?

If the accident caused property damage, injury, or death, you may face additional charges such as reckless damage, intoxication assault, or intoxication manslaughter. These charges can carry second-degree felony penalties and significantly increase prison exposure.

How long will my license be suspended after a third DWI?

Your driver’s license may be suspended for up to 2 years after a third conviction. You may also be required to install an ignition interlock device (IID). You must request an ALR hearing within 15 days of arrest to fight suspension.

Is a third DWI in Texas eligible for expunction?

No. A felony DWI conviction cannot be expunged from your record. However, if your case is dismissed or you are acquitted, you may be eligible to expunge the arrest record. This is another reason to fight aggressively from the start.

Do I need a lawyer for a third DWI?

Absolutely. A third DWI is a serious felony charge that can result in prison time, loss of rights, and lifelong consequences. A San Antonio DWI defense lawyer can challenge the evidence, protect your license, and work to reduce or dismiss the charges.

How long does a third DWI case take in San Antonio?

Most third DWI cases take 3 to 9 months, depending on whether it goes to trial, is dismissed, or results in a plea deal. Complex cases with accident investigations or blood test challenges may take longer.