Texas Second and Third DWI Lawyer

How Texas Law Treats Prior DWI Convictions

Under Texas Penal Code §49.09, a prior DWI conviction or certain related convictions (intoxication assault, intoxication manslaughter, boating while intoxicated, flying while intoxicated) can be used to enhance a new DWI charge.

What counts as a prior.  A prior conviction or completed deferred adjudication for DWI, BWI, FWI, intoxication assault, or intoxication manslaughter anywhere in the United States can be used for enhancement. Out-of-state convictions must have elements substantially similar to the Texas offense. Each prior must be examined individually.

Deferred adjudication in Texas.  Texas law permits the State to use a prior Texas deferred adjudication for DWI as an enhancement for a subsequent DWI charge.

Jail as a Condition of Probation: What the Mandatory Minimums Actually Require

When probation is granted in a DWI case, Texas law requires a minimum number of days in county jail as a condition of that probation (COP) for certain offense levels. These minimums cannot be waived by plea agreement or judicial discretion. The following figures reflect the statutory minimums and maximums:

Min/Max show the jail time a court may impose as a condition of community supervision (probation), by offense. General information, not legal advice.

Second DWI: Class A Misdemeanor

A second DWI conviction in Texas is a Class A misdemeanor carrying up to one year in county jail and a fine up to $4,000. Two consequences set the second offense apart from the first:

Mandatory minimum jail as COP.  Even if the judge grants probation, a defendant convicted of a second DWI must serve a minimum of 72 hours in county jail as a condition of that probation. This mandatory minimum cannot be waived. It applies regardless of the circumstances of the offense or the defendant’s personal history.

Ignition interlock device.  A second DWI conviction triggers mandatory ignition interlock installation as a condition of bond and, if probation is granted, as a condition of probation.

License suspension for a second DWI conviction can extend up to two years. The ALR proceeding must be requested within 15 days of arrest regardless of what happens in the criminal case.

Third DWI: Third-Degree Felony

A third DWI conviction in Texas is a third-degree felony carrying 2 to 10 years in the Texas Department of Criminal Justice and a fine up to $10,000. This is the threshold at which a DWI becomes a felony with all the consequences that follow: loss of voting rights during sentence, loss of firearms rights, permanent felony record, immigration consequences for non-citizens, and mandatory supervision conditions that extend well beyond the sentence itself.

A plea of guilty or no contest to a third DWI results in a felony conviction. That consequence belongs in any honest assessment of a plea offer before it is accepted.

Jail as COP for third DWI.  For a third DWI (third-degree felony), the statutory minimum jail period as a condition of probation is 10 days, with a maximum of 180 days. Community supervision at the felony DWI level also typically carries substantially more restrictive conditions: a longer supervision term, mandatory ignition interlock, no alcohol use, random testing, and significant community service hours.

What the Defense Examines in a DWI 3^rd Case

The Prior Convictions

The State must prove the prior two convictions beyond a reasonable doubt through certified court records. Those records must be examined for accuracy: the correct defendant, the correct offense, a valid plea or finding of guilt, and proper judgment entry. Paperwork for prior convictions are sometimes incomplete or contain errors that can be challenged. If the priors cannot both be proven, the enhancement fails and the charge reduces to a misdemeanor DWI.

The Chemical Test

In blood cases, the analysis performed by SWIFS in Dallas, the TCME laboratory in Fort Worth or any of the DPS crime labs is subject to the same forensic scrutiny as in any DWI: chain of custody, sodium fluoride preservative adequacy, in vitro fermentation, headspace gas chromatography methodology, and analyst qualifications. Deandra Grant’s ACS-CHAL designation and Master’s Degree in Pharmaceutical Science mean that evaluation happens at the level of the science, not just the legal argument about admissibility.

The Rising BAC Defense

The timeline between driving and the chemical test is often critical. If alcohol was still being absorbed at the time of driving, the BAC at the time of the test may be meaningfully higher than the BAC while the defendant was behind the wheel. The rising BAC defense is a pharmacokinetic argument grounded in the science of alcohol absorption and distribution, and it requires the kind of expertise that a Master’s Degree in Pharmaceutical Science provides.

The Stop and the Constitutional Foundation

Every repeat DWI case begins with the same question as every first offense: was there reasonable suspicion for the stop? Under Texas Code of Criminal Procedure Article 38.23, evidence obtained through an unlawful stop is suppressible with no good faith exception. Suppression of the stop means suppression of everything that followed, including the chemical test.

The ALR Hearing

The administrative license revocation hearing must be requested within 15 days of notice of suspension. In a repeat DWI case, the ALR hearing is particularly valuable because it is an opportunity to take sworn testimony from the arresting officer before the criminal case proceeds and creating a record that can be used at trial or in plea negotiations.

Talk to a Multiple DWI Defense Attorney Before Any Other Decision

The penalty range for a second or third DWI in Texas is not the only thing that changes. The strategic calculus of every decision (whether to request an ALR hearing, whether to engage in plea negotiations, whether to challenge the prior conviction, whether to contest the chemical test) is different when a prior conviction is on the record and a mandatory minimum or felony threshold is at stake.

Deandra Grant Law has offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall. We have appeared in North and Central Texas courts for more than 30 years, across more than 500 trials to verdict.

Call (214) 225-7117 for a confidential consultation. The 15-day ALR deadline starts running from the date of your arrest. Don’t wait.