Felony DWI

If you’ve been arrested for a third DWI in Houston or Harris County, you’re no longer looking at a slap on the wrist. You're facing a felony charge—and with it, the possibility of state prison, a $10,000 fine, license revocation, and a permanent criminal record. This is one of the most serious non-violent charges under Texas law, and it carries long-lasting consequences for your freedom, reputation, and future.

But you are not without options—and you are not alone.

A felony DWI doesn’t automatically mean a felony conviction. The outcome of your case depends on what you do next: how quickly you act, the defense strategy your lawyer builds, and whether your prior convictions were used properly to enhance your charge.

At Khalil Saman Law Firm, we understand the weight of what you're facing. Whether your prior DWIs were recent or decades ago, we approach every case with clarity, urgency, and a defense plan that fits your unique situation. This page will walk you through the legal realities of a third DWI in Texas, and how we can help you move forward.

Under Texas Penal Code § 49.09(b), a third DWI is automatically a third-degree felony—no matter how long ago your prior DWIs occurred or whether they were misdemeanors. If you’ve been convicted twice before, your next DWI arrest moves you into felony territory.

Texas has no “lookback” period. That means:

• Even decades-old convictions still count

• Out-of-state DWIs can be used, if legally similar

• Probation and deferred adjudication (if resulting in conviction) count as priors

• A guilty plea or verdict

• A conviction resulting from deferred adjudication

• Out-of-state offenses that meet Texas DWI definitions


Some priors can be challenged—especially if they involve juvenile records, other jurisdictions, or poor documentation. A skilled attorney may be able to dispute enhancements and reduce the charge.

A third DWI is not just a traffic offense—it’s a felony with lifelong consequences. But a charge is not a conviction. With the right defense, you may still have options.

A third DWI in Texas is a third-degree felony, punishable by 2 to 10 years in state prison, fines up to $10,000, and mandatory ignition interlock use. Probation may be possible, but often includes jail time (up to 180 days), alcohol treatment, community service (160–600 hours), and strict supervision. Judges can also impose a no-alcohol condition, with violations triggering further penalties.

Permanent Felony Record: A third DWI conviction cannot be sealed or expunged. It remains on your record permanently, visible to employers, landlords, and licensing boards.

Your driver’s license may be suspended for up to 2 years, with reinstatement requiring SR-22 insurance and payment of DPS surcharges up to $2,000/year for three years. Failure to pay can result in additional suspensions.

If you hold a CDL or professional license, you may face suspension or revocation. A third DWI typically leads to lifetime CDL disqualification.

A felony DWI also means:

• Loss of firearm rights (permanently, under federal law)

• Temporary loss of voting rights (while incarcerated or on supervision)
• Possible ineligibility for federal aid or housing

In a third DWI case, aggravating circumstances can escalate your legal exposure—either by triggering additional charges, increasing the likelihood of prison time, or limiting your chances of receiving probation. Courts and prosecutors take these factors seriously because they suggest recklessness, danger to the public, or a pattern of disregard for the law.

Here are the most common aggravating factors in felony DWI cases:

• Child passenger (under 15): Triggers a separate felony charge for child endangerment.

• Injury or death: May result in charges of intoxication assault (up to 10 years) or manslaughter (up to 20 years).

• BAC of 0.15%+ or open container: Can result in stricter conditions and harsher sentencing.

• Driving on a suspended license or hit-and-run: Often adds new charges and worsens court perception.


Aggravating factors don’t just increase punishment—they change how prosecutors and judges view your case. They make probation less likely and prison more probable. If any of these elements are part of your arrest, it’s critical to have a defense attorney who can challenge the evidence, argue against stacking charges, and minimize the long-term fallout.

A third DWI in Texas is a felony—meaning higher stakes, tougher prosecutors, and lasting consequences. But a felony charge is not the same as a conviction. With the right legal strategy, it’s possible to challenge the case, reduce the charges, or avoid a conviction altogether.

Challenging the Stop, Arrest, and Evidence

Every DWI case starts with a traffic stop. If the officer didn’t have a valid legal reason to pull you over, everything that followed—field sobriety tests, arrest, chemical tests—could be thrown out. We examine dashcam footage, breathalyzer protocols, and chain-of-custody logs to identify errors or rights violations. If any part of the stop or testing was unlawful or mishandled, we file a motion to suppress, which can weaken or even dismantle the prosecution’s case.

Verifying Prior Convictions

To elevate your charge to a felony, the State must prove two prior DWI convictions that meet Texas standards. That includes showing you were the person convicted, the records are certified, and the prior offenses qualify under Texas law. If a prior is out-of-state, missing documentation, or legally insufficient, we can challenge its use—potentially reducing the case to a misdemeanor.

Addressing Aggravating Factors

If your case involves high BAC, a crash, or a child in the vehicle, we take immediate steps to humanize you in the eyes of the court. That might include early enrollment in treatment programs, voluntary installation of an ignition interlock device, or gathering letters of support. These efforts show accountability and can influence bond conditions, plea negotiations, and sentencing.

Strategy Built Around You

Every felony DWI case is different. We tailor our defense to your facts and goals—whether that’s fighting the charge at trial, negotiating a plea, or minimizing damage through strong mitigation. At Khalil Saman Law Firm, we focus on preserving your record, protecting your freedom, and helping you move forward.

A third DWI in Texas is a felony. Whether you're in Harris, Montgomery, Fort Bend, Galveston, or Brazoria County, you’ll face a fast-moving legal process with serious, long-term consequences. Here's what to expect—and why acting quickly is crucial.

1. County Jail Booking and Bond Conditions

After arrest, you’ll be taken to the jail in the county where the offense occurred—such as Harris County Jail (Houston) or Montgomery County Jail (Conroe). Within 24–48 hours, a magistrate judge will review your case and set bond terms.

Because this is a felony, those terms are usually strict:

• Higher bond amounts, especially with prior convictions

• Mandatory ignition interlock device (IID)

• Alcohol monitoring and complete abstention

• Possible GPS or SCRAM ankle monitor in higher-risk counties like Montgomery

Violating bond conditions can lead to immediate jail re-entry, so following them precisely is essential.

2. License Suspension and ALR Hearing

Separate from the criminal case, every DWI arrest triggers a civil process through the Texas Department of Public Safety. You have only 15 days to request an Administrative License Revocation (ALR) hearing to fight your driver’s license suspension. If you miss the deadline, your license will be automatically suspended—sometimes for years. An ALR hearing also lets your attorney question the arresting officer under oath, often revealing critical information early in the case.

3. Felony Charges Go to District Court

Third DWIs bypass misdemeanor courts and go straight to District Court in your arresting county. That means more experienced prosecutors, stricter judges, and steeper penalties—up to 10 years in prison. The approach varies by county: Harris may offer treatment options; Fort Bend and Brazoria often move quickly; Galveston and Montgomery may take a tougher stance, especially with priors. Your defense must be tailored to the courtroom, not just the charge.

4. You Must Begin Your Defense Immediately

The first few days after arrest are critical. Your lawyer should request the ALR hearing, gather dashcam and lab evidence, help with IID installation and bond compliance, and begin forming a strategy specific to your case and county. Waiting to “see what happens” puts you at a disadvantage. Acting early gives you the best chance to preserve your rights and protect your future.

A third DWI in Texas is a third-degree felony, punishable by 2–10 years in prison and up to $10,000 in fines. But prison isn’t automatic. Judges have discretion, and with the right legal strategy, probation or charge reduction may be possible.

Prison Is a Possibility—Not a Certainty

Under Texas Penal Code § 49.09(b), third-offense DWI is a felony. While the penalties are steep, courts can offer community supervision (probation) instead of incarceration. Whether that happens depends on your case facts, prior record, and how effectively your lawyer presents your situation.

What Factors Influence the Outcome?

Several key elements determine whether you’ll serve time or qualify for probation:

• Details of the Arrest: Accidents, high BAC, or combative behavior can push judges toward harsher sentences. A calm, uneventful stop gives more room to argue for leniency.

• Strength and Age of Prior Convictions: Old or out-of-state priors might not qualify for enhancement. If one prior is invalidated, your case could drop to a misdemeanor.

• Your Background: Steady work, family support, voluntary rehab, or clean time since arrest show the court you’re serious about change.

• County Policies: Some counties offer specialty dockets or alternatives to incarceration; others take a harder line. Local experience matters.

• Defense Strategy: A strong legal challenge—like disputing test results or filing suppression motions—can lead to reduced charges or plea deals that avoid prison.

What If You Get Probation?

Felony DWI probation is strict and includes:

• Ignition interlock device (IID)

• Regular reporting to a probation officer

• Random drug/alcohol testing

• Mandatory counseling or treatment

• Community service and fines

Any violation risks revocation and prison time. That’s why our team doesn’t just seek probation—we prepare you to succeed if granted the opportunity.

At Khalil Saman Law Firm, we fight to keep you out of prison by challenging prior convictions, exposing weak evidence, and advocating for smarter outcomes. Your future is too important to leave to chance.

A third DWI conviction in Texas isn’t just another legal challenge—it’s a third-degree felony that reshapes your future. The penalties go far beyond courtrooms, touching every part of your life, from your rights and finances to your reputation and relationships.

A third DWI guarantees a permanent felony record. In Texas, felony DWI convictions cannot be sealed, expunged, or hidden from background checks—no matter how much time passes or whether you receive probation. This means:

• Every job application will flag your felony

• Apartment and housing applications may be denied

• Licensing boards can disqualify you from regulated professions

• Loan and financial aid applications may be affected


There’s no legal pathway to erase a felony DWI. This record follows you forever—making early legal intervention essential.

Felony convictions come with serious, often irreversible, losses of basic civil liberties:

• Firearm rights: Texas and federal law prohibit felons from owning or possessing firearms—often permanently.

• Voting rights: Lost during incarceration, probation, or parole; restored only after completing the full sentence.

• Professional licenses: Many fields (e.g., healthcare, law, finance, education, aviation) may deny licensure or revoke credentials.

• Public benefits: Certain government programs, including housing assistance and student aid, may restrict eligibility for felons.


Even long after your sentence ends, these restrictions can shape your life in lasting ways.

A felony DWI can instantly disqualify you from jobs involving driving, security clearance, or financial oversight. Many employers have zero-tolerance policies and may terminate or refuse to hire based on your conviction alone. Even in fields without strict licensing requirements, employers may view you as a liability. For entrepreneurs or self-employed individuals, the reputational damage can be just as limiting—especially in client-facing or trust-based industries.

Beyond the fines—up to $10,000—a third DWI often leads to steep financial setbacks. Court fees, ignition interlock costs, counseling expenses, and supervision fees can add up fast. You'll likely be labeled a high-risk driver, causing car insurance rates to spike or coverage to be dropped altogether. If your job involves driving or maintaining commercial coverage, your ability to earn a living may be severely impacted.

For non-citizens, a felony DWI can trigger deportation, block reentry, or result in visa or green card denial. Even permanent residents may face removal proceedings—especially if other offenses are involved. Immigration law treats DWI convictions seriously, and options for relief can be extremely limited.

Beyond legal and financial losses, a felony conviction can erode relationships and self-worth. You may face judgment from your community, strained family dynamics, or emotional struggles like shame and depression. Social stigma can follow you into parenting decisions, housing choices, and community roles—affecting even the parts of life that feel unrelated to the legal system.

A third DWI conviction isn’t just a criminal charge—it’s a permanent turning point. From your rights and reputation to your ability to live and work freely, the long-term damage is real. That’s why your defense shouldn’t focus only on avoiding jail—it should fight to protect your future.

A third DWI charge in Texas is a felony—bringing life-changing consequences that go far beyond fines or jail. With your freedom, rights, and future on the line, hiring an experienced DWI defense attorney isn’t just helpful—it’s essential.

A third DWI is only a felony if the prosecution proves two valid prior convictions. But not all priors hold up. Your lawyer can review those cases for errors, missing records, or legal issues. For example, an out-of-state DWI may not meet Texas standards, or a prior plea deal may have lacked due process. If just one prior is disqualified, your felony charge could be reduced to a misdemeanor—dramatically lowering the stakes.

Your attorney will investigate your recent arrest for legal or procedural flaws. That includes:

• Unlawful traffic stops or improper arrest procedures

• Inaccurate or inadmissible breath/blood test results

• Mishandled field sobriety tests or officer errors

• Missing or contradictory bodycam or dashcam footage

If any part of the arrest doesn’t meet legal standards, that evidence can often be suppressed—weakening the prosecution’s case or even leading to dismissal.

Even in felony cases, plea bargains are possible—especially if your lawyer presents a strong defense. Depending on the facts, your attorney may secure:

• A charge reduction if one prior is excluded

• Probation instead of prison

• Entry into a specialty court program

• Reduced sentencing or time served

These outcomes aren’t automatic—they require strategic negotiation and proactive legal work.

A strong legal defense includes showing the judge you’re more than your record. Your attorney may present support letters, proof of counseling or rehab, or documentation of your work and family responsibilities. Courts often consider this personal context when deciding whether to offer probation or reduced penalties.

A felony DWI can destroy job opportunities, housing options, and civil rights. Your lawyer’s goal is to reduce the legal damage—not just for now, but for years to come. That means protecting your record, reputation, and the chance to rebuild after your case ends.

At Khalil Saman Law Firm, we know what’s at stake. We fight for second chances, smarter solutions, and outcomes you can live with—even in the face of serious charges.

A third DWI arrest is serious—this time, you’re facing a felony. The State is already building its case, and your actions now will heavily influence the outcome. Here’s what to do immediately:

1. Hire a DWI Defense Lawyer—Immediately 

Don’t wait. A skilled attorney can appear at your bail hearing, protect your rights, and begin identifying weaknesses in the State’s case—before they harden into a narrative the prosecutor will use in court.

2. Say Nothing to Anyone Except Your Lawyer

Don’t talk to friends, family, or fellow inmates about your case. Don’t post online. Anything you say can—and likely will—be used against you. Only your lawyer can keep your words truly confidential.

3. Document Everything and Preserve Evidence


Write down what happened: where you were, what you drank (if anything), how the stop unfolded, and what was said. Save receipts, rideshare logs, phone screenshots, or surveillance footage. These details fade fast—and could be key to your defense.

4. Act Fast on Your License Suspension (ALR Hearing)

You have just 15 days from your arrest to request an ALR hearing. If you miss it, your license will be automatically suspended—even before your court date. This hearing can also help your lawyer lock in early testimony from the arresting officer.

5. Start Voluntary Rehab Steps


Judges take third DWIs seriously. Showing that you do too—through AA, counseling, or alcohol education—can support a favorable outcome, even if you dispute the charge. Voluntary steps don’t imply guilt; they show responsibility.

6. Strictly Follow Bond Conditions

You may be ordered to:

• Use an ignition interlock device (IID)

• Submit to random alcohol tests

• Abstain from alcohol

• Request permission to travel


Violating any condition—intentionally or not—can land you back in jail. Know the rules and follow them closely.

The choices you make in the first days after a third DWI arrest can shape your future. Act quickly, stay silent, and lean on a seasoned defense lawyer who knows how to protect your rights and position you for the best possible outcome.

A third-time DWI charge in Texas is a serious legal matter—not just a traffic offense. It can impact your license, job, finances, and criminal record. And without skilled legal guidance, you could face unnecessary penalties or miss critical deadlines, like the 15-day window to request a license hearing.

An experienced DWI attorney can challenge the stop, test results, or arrest procedures, and negotiate for reduced charges or alternative outcomes like probation or diversion. They also help you avoid common missteps, protect your rights, and position you for the best possible result.

At Khalil Saman Law Firm, we know the Harris County and surrounding  courts inside and out—and we’re here to help you move forward with clarity, strategy, and support.