A third (or subsequent) DWI in Texas is a third-degree felony under Texas Penal Code § 49.09, carrying 2 to 10 years in prison and up to a $10,000 fine. The stakes are significantly higher than prior offenses, including the real possibility of prison time.

A third DWI can also lead to long-term license consequences, felony record implications, and increased supervision requirements.

Facing any DWI charge can feel overwhelming, but it can seem particularly daunting if you’ve already been through the system before. However, it's important to remember that a conviction isn't inevitable, and you still have options. With the right criminal defense lawyer and early action, it’s possible to protect your future and fight for a better outcome.

Texas Third DWI Lawyer

If you (or someone you know) has been arrested for a third DWI in Austin, Michael & Associates can help.

Every DWI is different and needs a customized review. Our experienced Austin DWI lawyers review the evidence, identify legal issues, and build a strategy tailored to your case.

Most DWI cases are resolved outside the courtroom, but if yours needs to go to trial to get you the best possible outcome, we're always prepared. According to internal case data from 2025, the firm achieved wins or favorable outcomes in approximately 65% of trials, and an outright win rate of 50%.

We handle cases in Travis County and the surrounding areas, including Georgetown, Leander, Round Rock, and Pflugerville.

What Counts as a 3rd+ DWI in Austin?

In Texas, driving while intoxicated (DWI) means operating a motor vehicle in a public place while intoxicated under Texas Penal Code §49.04. As explained in Texas Penal Code §49.01, 'intoxicated' means either you do not have normal use of your mind or body, or your blood alcohol concentration (BAC) is 0.08% or more.

When someone is arrested for DWI after having two or more earlier convictions for DWI or related offenses, that counts as a 3rd+ DWI.

Related offenses can include, among others:

DWI with child passenger (§49.045)
BWI with child passenger (§49.061)
Assembling/operating an amusement ride while intoxicated (§49.065)
Flying while intoxicated (§49.05)
Boating while intoxicated (§49.06)
Intoxication assault (§49.07)

Repeat DWI cases are not rare in Texas. In its Q1 2026 DWI Recidivism Report, Texas DPS reported 23,001 DWI arrests, and 30.58% involved people with previous DWI arrests. While the data is based on arrests, not convictions, it still shows how often officers encountered repeat DWI allegations.

Note: Ask your lawyer to check with the court if you're eligible for the Travis County DWI Court Program. The program combines treatment, supervision, and judicial involvement and can serve as an alternative to prison time.

It’s important to understand that, under Texas law, DWI and DUI (Driving Under the Influence) are not the same. DWI applies when a driver is legally intoxicated, regardless of age, while DUI generally applies to drivers under 21 and can be charged with any detectable amount of alcohol, even below 0.08%.

Can You Get a DWI if the Car Was Not Moving?

Yes, you can still be charged with DWI in Texas even if the arresting officer did not see the car moving. That's because the offense covers operation, not just movement. The state will focus on whether you took action (while intoxicated) to affect the vehicle's functioning in a way that enabled its use.

In some cases, an intoxicated person in a parked car can still get charged with DWI.

Penalties in Texas for a Third or Subsequent DWI in Austin

Repeat DWI cases can lead to license problems, court-ordered rules, alcohol classes or treatment, and other restrictions that make the case more serious than a first DWI (typically a Class B misdemeanor) or second DWI (usually a Class A misdemeanor).

A 3rd+ DWI in Texas usually carries the following fines and penalties:

Charge level: Usually a third-degree felony
Prison range: 2 to 10 years
Fine: Up to $10,000
Criminal record: Felony record, if convicted
License issues: A separate Administrative License Revocation (ALR) case may start after arrest, and other suspension consequences can follow
Extra conditions: Repeat-offense cases may involve classes, treatment, interlock, and strict bond or probation terms

Alcohol-related crashes are all too common. The Texas Department of Transportation reports that in 2024 alone, there were 1,182 alcohol-related crashes and 42 alcohol-related traffic deaths in Travis County.

Important: If your license is suspended, you may be able to ask the court for an occupational driver's license. Once granted, you can drive to work, school, or handle important household needs. Depending on your history and the basis for suspension, you may need an ignition interlock device (IID) before the court grants the license after a third DWI.

Fines for Third or Subsequent DWI in Austin

Apart from the fines that can reach up to $10,000, here are other costs to expect with a 3rd+ DWI:

Other court fees: Usually several hundred dollars
Probation fees: Ongoing monthly costs if probation is granted
Bail or bond: Can be a considerable upfront cost, especially if a bondsman is used
SR-22 filing and related costs: A smaller filing cost, but it can trigger much higher insurance expenses
Ignition interlock: Installation fee plus monthly monitoring charges
Tow and impound fees: Often a few hundred dollars, sometimes more
Alcohol or substance abuse classes: Program fees vary, but they add another out-of-pocket expense
Insurance impact: Often one of the highest long-term costs after a DWI conviction

The exact amount varies by court, vendor, bond terms, and other facts of the case.

If a 3rd+ DWI ends with probation, Texas law also requires certain defendants punished under Penal Code §49.09 to complete a repeat-offender intervention program. That means the case can carry both legal punishment and added treatment-related costs.

Where Does a 3rd+ DWI Go in Austin?

For a third or subsequent DWI, the case is usually handled through the Travis County criminal courts, and not in the Austin Municipal Court.

You can find Travis County’s criminal courts at:

Blackwell-Thurman Criminal Justice Center, 509 W. 11th St., Austin, TX 78701

See Related: What Happens on a Third DWI in Texas?

Real World Third DWI Case Outcome

Charge: DWI - Third Offense
Location: Bell County
The case: During a late-night traffic stop for alleged weaving, an officer claimed to have followed our client from another town, a detail that conflicted with the client’s route. The client attempted standardized field sobriety testing, completed the eye test, then stopped the walk-and-turn test, and later provided a breath sample that was reported above the legal limit. Our team carefully examined the basis for the stop, the inconsistency in claims of where the pursuit began, and the breath-testing procedures. We leveraged those issues during negotiations, and we secured a reduction to a misdemeanor with straight probation.
Result: Charges Reduced

Helpful DWI Resources

Ignition Interlock Devices (IID): Understand how an IID works and when it's required by law.
Travis County Ignition Interlock Waiver Affidavit: If your bond conditions require you to fill out this form, you can easily access it here.
Texas DPS ALR Hearing Request Form: You can use this official form to request a hearing to challenge an ALR license suspension.
TDLR Drug and Alcohol Education Programs: You'll find state-approved DWI classes and other court-ordered alcohol and drug education programs here.
Travis County Docket Search: You can use this page to search for your court date by name, attorney, court, or case number.

Charged With a Third or Subsequent DWI in Austin? Michael & Associates Can Help

If you are facing a third or subsequent DWI in Austin, don't treat it like a minor case. A repeat DWI can put your freedom, license, job options, and record at risk, so early case review matters.

Michael & Associates can help with your DWI case. Our lawyers start by fighting for the driver's license through the ALR process and seeking an occupational license if needed. We review bond conditions, written records, body-cam footage, breath or blood testing issues, and field sobriety evidence, then negotiate aggressively while staying ready for trial.