Legal Question in DUI Law in Texas

A third DWI is a Third Degree Felony

Fine - A fine not to exceed $10,000.00.

Jail - Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 years nor more than ten (10) years.

A third conviction for DWI indicates a significant problem with alcohol to the Court or jury assessing punishment. Some type of rehabilitative treatment is therefore mandated in punishment if confinement in the penitentiary is to be avoided. In some cases an in-patient, incarceration program (Substance Abuse Felony Probation SAFP) is ordered.

There is no "normal" penalty. If the first DWI did not result in a deferred adjudication probation (which could have happened if it is older than 1982), then the 3rd arrest could be a felony. (Whether or not it is filed as a felony, it could be filed as one or refiled as one.)

What might happen on this case depends very heavily on the facts of the case. If the facts are not too heinous, then the State might reduce the case to a misdemeanor and work it out for probation or for jail time. Even if it is kept as a felony, then it will likely result in a probation offer if the facts are not bad.

There are other repercussions that must be dealt with including the license suspension.

I would strongly urge your uncle to get help with his addiction. He should, at a minimum, be attending AA classes. If his license is suspended, be sure that he does not drive. At this time, driving on a suspended license would be a violation of his bond & could result in revocation of same. If he gets probation, driving on a suspended license could result in the revocation of his probation and jail or prison time. If he gets a final conviction, driving on a suspended license could result in jail time on a new offense.