You can be charged with a third or subsequent DWI in Fort Worth if you're accused of DWI and have two prior qualifying intoxication-related convictions. A standard 3rd+ DWI is usually a third-degree felony, which can carry 2 to 10 years in prison, a fine of up to $10,000, license consequences, and a felony record.
But even if you're a repeat offender, a new arrest and prior convictions won't guarantee a DWI conviction. Prosecutors must prove the current DWI charge and establish the qualifying prior convictions used to enhance the case to a felony. Your attorney can examine both the evidence in the new case and whether the prior convictions can legally be used for enhancement.
Fort Worth Third or Subsequent DWI Lawyer
A third DWI creates a real risk of incarceration, but prison isn't the outcome in every felony DWI case.
In Fort Worth and surrounding areas in Tarrant County, our experienced DWI lawyers at Michael & Associates Criminal Defense Attorneys will review both the new DWI case and the older conviction records that the State is using for felony enhancement.
Among our resolved 2025 felony DWI cases across Texas, about 59% were resolved with a probation outcome, while 17% had an incarceration-related outcome. Among all DWI charge levels in Tarrant County, 5.0% of our 2025 cases had an incarceration-related outcome, including time served.
In addition to the traffic stop and test results, we also check prior judgments, conviction dates, fingerprints, county records, case numbers, and other documents related to the prior DWI convictions.
Our internal 2025 data shows we have a 63.6% win rate in DWI jury trials, including acquittals, dismissals, and directed verdicts in repeat and enhanced DWI cases.
Note: These figures reflect Michael & Associates clients only. They are not countywide statistics or a prediction of what will happen in any individual case.
What Makes a DWI a Third or Subsequent Offense in Fort Worth?
A new DWI can be enhanced to a third-degree felony if the State establishes two prior qualifying intoxication-related convictions.
However, even without two prior convictions, a new DWI case can also become a third-degree felony under Texas Penal Code § 49.09 if the person has:
- One prior intoxication manslaughter conviction
- One prior out-of-state conviction with elements substantially similar to Texas intoxication manslaughter
Prior convictions that may be used for enhancement can include:
- DWI and certain other motor vehicle intoxication offenses
- Flying while intoxicated
- Boating while intoxicated
- Assembling or operating an amusement ride while intoxicated
- DWI with a child passenger
- Intoxication assault
- Intoxication manslaughter
- Certain substantially similar intoxication offenses from other states
Texas law does not impose a general expiration date on qualifying prior DWI convictions for this enhancement. A conviction from five, 10, or even 30 years ago may still be used to enhance a new DWI if it qualifies under Texas law.
What Does the State Have to Prove in a Fort Worth Felony DWI Case?
A third or subsequent DWI case requires the State to prove the new DWI allegation and establish the prior convictions necessary for the felony enhancement.
- For the new DWI, prosecutors must prove that you were operating a motor vehicle in a public place and were intoxicated at the time of operation.
- They must also show that the prior convictions for felony enhancement qualify under Texas law. In many third-DWI cases, that means two prior qualifying convictions.
What are the Possible Penalties for a Third or Subsequent DWI in Fort Worth?
For a standard third DWI, the possible penalties are:
- Charge level: Usually third-degree felony
- Prison range: 2 to 10 years
- Criminal fine: Up to $10,000
The risk of incarceration exposure increases substantially if you have prior felony convictions on your record, if the case involves injury or death, or if another felony enhancement applies. That's why you shouldn't deal with the case without legal counsel.
Texas also has a separate state traffic fine for certain intoxication-related convictions:
- $3,000 for a first conviction within 36 months
- $4,500 for a second or later conviction within 36 months
- $6,000 if a blood, breath, or urine test showed an alcohol concentration of 0.15 or more at the time of analysis
If the court finds the person indigent, it must waive the fines and costs under that section.
Will You Lose Your License After a 3rd+ DWI in Fort Worth?
A third DWI can also trigger a separate Administrative License Revocation proceeding. If you're served with a suspension notice after refusing or failing a breath or blood test, you typically have 15 days from the date the notice is served to request an ALR hearing. If you consent to a blood test and the Texas Department of Public Safety later mails a suspension notice based on an over-limit result, DPS provides 20 days from the date the notice is mailed to request a hearing. Review your notice carefully, because missing the deadline can cost you the opportunity to challenge the suspension. If you miss your deadline, DPS will deny your hearing request.
In some cases, an occupational driver's license may be an option. It's a restricted license for people whose regular license has been suspended, revoked, canceled, or denied. Ask your lawyer whether it applies to you and if you qualify for an ODL.
What Are the Possible Defense Strategies in a Fort Worth Third or Subsequent DWI Case?
A felony DWI case needs a thorough review, as it can have many vulnerabilities. Your DWI attorney may examine whether:
- The traffic stop was legal
- The officer had probable cause or reasonable suspicion
- Field sobriety tests were performed properly
- The old convictions legally qualify for enhancement
- The warrant for the blood draw was valid
- Medical issues or injuries affected the officers' observations
- The person was actually operating the vehicle
- The breath or blood test was reliable
Our internal 2025 data shows that 3.8% of Michael & Associates' felony DWI cases in Texas were dismissed.
Real World Third+ DWI Case Outcome
Charge: DWI - Third Offense
Location: Tarrant County, CDC 2
Allegations: Police arrested our client after a traffic stop for an equipment issue. They based the felony DWI on field sobriety tests and a later blood warrant. Our lawyers reviewed the videos and found that the tests were done while the client wore stiff new work boots. Additionally, the client was not using corrective lenses at the time of testing, and the officer's instructions were inconsistent. We also pointed out problems with the blood draw and warrant process. After compiling those weaknesses, we pressed the prosecution, and they agreed to reduce the charge to a misdemeanor.
Result: Charges reduced
Note: Past results do not guarantee or predict a similar outcome in another case.
Helpful DWI Resources
- Administrative License Revocation Hearing Request: Use this to request an ALR hearing after receiving a DWI-related suspension notice.
- Occupational Driver License Information: This explains the restricted-license process for people whose Texas license has been suspended, revoked, canceled, or denied.
- Texas Driver License Eligibility System: Drivers can use this to pay certain suspension-related fees, pay occupational or ignition-interlock restricted license fees, view compliance items, and track eligibility.
- Tarrant County Felony Alcohol Intervention Program: FAIP is a post-adjudication program for high-risk repeat DWI offenders in Tarrant County.
Ask a DWI Attorney in Fort Worth to Defend Your Third or Subsequent DWI
A felony DWI can affect more than just your license. It can also affect your job, family, insurance, housing, and record. So, if you were arrested for a third or subsequent DWI in Fort Worth, have an experienced DWI defense lawyer review your case.
In Fort Worth, our team includes Ryan Eady, a Board Certified specialist in Criminal Law and former First Assistant District Attorney and Chief Felony Prosecutor. His prosecution experience gives him insight into how the State builds and pursues a DWI case.
Eady is backed by our statewide DWI defense team, including ACS-CHAL Lawyer-Scientists with advanced training in blood, breath, and other forensic evidence. They can review chemical testing procedures, laboratory records, and other scientific evidence for issues that may affect the State's case.
Don't assume the felony enhancement is correct just because the State listed old convictions. If the records are old, incomplete, from another state, tied to a different name, or missing key identifying information, they deserve close review before making any decision on your case.
Schedule a free case review today.
