Your Ultimate Defense Guide to a Third DWI Offense in San Antonio

Facing a third Driving While Intoxicated (DWI) charge in Texas is a legal crisis of the highest order.

In the eyes of Texas law, a third offense is not merely another mistake—it is a third-degree felony that prosecutors will pursue with maximum aggression. This charge represents a fundamental shift in your legal battle, moving from the misdemeanor courts into the felony system where the stakes include a state prison sentence, a permanent felony record, and consequences that will irrevocably alter your life. At Barton & Associates, Attorneys at Law, we understand the profound fear and gravity of this situation. Our team of board-certified criminal defense attorneys and former prosecutors specializes in building powerful, strategic defenses for felony DWI cases. We know that a past conviction does not define your current case, and we fight relentlessly to protect your freedom, your future, and your rights against the overwhelming force of the state.

Understanding a Third-Offense DWI Under Texas Law

In Texas, a DWI becomes a third-degree felony upon a third conviction. The legal definition of intoxication remains the same as for lesser offenses, but the penalties escalate dramatically.

How Texas Defines Intoxication

The state can prove you were legally intoxicated in one of two ways under Texas law:

1. Per Se Intoxication: Having a Blood Alcohol Concentration (BAC) of 0.08 or higher. This is direct, scientific evidence, and if proven, a jury can convict based on the BAC result alone, regardless of how you appeared or drove.
2. Loss of Faculties: Not having the normal use of mental or physical faculties due to alcohol or drugs. This is proven through circumstantial evidence observed by the officer.

Common evidence the state uses to prove loss of faculties includes:

• Poor driving (swerving, speeding, driving too slow)
• Slurred speech and bloodshot, glossy eyes
• The odor of alcohol
• Poor performance on Standardized Field Sobriety Tests (SFSTs)
• Loss of balance or stumbling
• Any admission to drinking

Critical Legal Principle: The state must prove every element of its case beyond a reasonable doubt. A skilled defense attorney challenges each piece of evidence to create that doubt.

The Severe, Life-Altering Penalties of a Third DWI Conviction

A conviction for a third-offense DWI carries mandatory, severe penalties that are designed to punish and incapacitate. There is no leniency for a felony-level charge.

Direct Criminal Penalties (Third-Degree Felony):

• Prison Sentence: 2 to 10 years in the Texas Department of Criminal Justice (TDCJ). While a judge may probate (suspend) this sentence and place you on felony probation, any probation will include mandatory conditions like lengthy jail time as a condition.
• Substantial Fines: A maximum fine of $10,000, plus thousands more in court costs and fees.
• Driver’s License Suspension: A suspension of your driving privileges for up to two years.
• Annual Surcharge: A mandatory $1,500 annual surcharge paid to the state for three years ($4,500 total) to reinstate your license after suspension.

The “3g” Offense and Probation Limitations:

A third DWI is classified as a “3g” offense under the Texas Code of Criminal Procedure. This critical designation means:

• You are NOT eligible for probation from a jury.
• A judge can grant probation, but it is not guaranteed and comes with exceptionally strict terms.
• If you receive a prison sentence, you must serve at least half of it (without good conduct time) before becoming eligible for parole.

The Permanent Collateral Damage of a Felony Conviction:

A felony conviction is a life sentence of its own, creating barriers that last forever:

• Permanent Felony Record: This will appear on every criminal background check for employment, housing, and loans.
• Loss of Professional Licenses: Careers in law, medicine, nursing, real estate, teaching, finance, and any state-licensed field will be terminated.
• Loss of Fundamental Rights: You will lose the right to vote (while incarcerated/on parole), serve on a jury, and possess firearms.
• Employment Barred: Most employers will not hire a felon, especially for any position of trust or that requires driving.
• Immigration Catastrophe: For non-citizens, this is a deportable offense with no chance of relief.

Critical Legal Realities: No Deferred Adjudication and No Lookback Period

Two unique aspects of Texas DWI law make a third offense particularly difficult and underscore the need for an expert defense.

1. No Deferred Adjudication for Felony DWI

Texas law explicitly prohibits judges from granting deferred adjudication for any DWI charge that is a felony. Deferred adjudication is a type of probation that results in a dismissal upon successful completion. This is not an option for you. Therefore, any plea bargain that avoids trial will still result in a permanent felony conviction on your record. Your defense must focus on achieving an outcome that avoids a conviction entirely.

2. Texas Has NO Lookback Period

Unlike many states, Texas uses a lifetime lookback period for prior DWI convictions. It does not matter if your prior convictions were 10, 20, or 30 years ago. Every DWI conviction on your record, from any state, will be used to enhance your current charge to a felony third offense. This harsh law eliminates any possibility of your prior record “falling off” and means the state will always treat you as a repeat offender.

How Barton & Associates Builds Your Felony DWI Defense

Facing a third DWI requires a defense that is aggressive, creative, and leaves no stone unturned. We employ a multi-faceted strategy tailored to the specific weaknesses of the state’s case.

1. Challenging the Current Arrest and Evidence

We attack the foundation of the state’s new case:

• Illegal Stop: Did the officer have valid reasonable suspicion to initiate the traffic stop? If not, all evidence that follows may be suppressed.
• Faulty Field Sobriety Tests: We challenge the administration and interpretation of the SFSTs, using the National Highway Traffic Safety Administration (NHTSA) manuals to show improper procedure.
• Invalid Breath or Blood Tests: We forensically examine breath test machine calibration logs and the blood test chain of custody. We hire independent toxicologists to challenge the science and results. A successful challenge can eliminate the state’s strongest evidence.

2. Attacking the Validity of Prior Convictions

A unique and powerful strategy in third-offense cases is to challenge the constitutional validity of one or both prior DWI convictions. If we can prove a prior conviction was legally invalid (e.g., you were not properly represented by counsel, did not knowingly enter a plea), we may be able to have it set aside. If successful, this could reduce your current charge from a felony third offense to a misdemeanor second or even first offense—a monumental difference in outcome.

3. Negotiating for a Reduced Charge

While the state often seeks a felony conviction, we use weaknesses in their case as powerful leverage. Our goal is to negotiate a plea to a lesser offense, such as a misdemeanor DWI 2nd or obstruction of a highway. This avoids a felony record, though it may still carry significant jail time. This negotiation is a complex art that requires an attorney with the reputation and skill to make prosecutors listen.

4. Taking Your Case to Trial

When the state’s evidence is weak or our arguments are strong, we must be prepared to go to trial. We present a compelling case to the jury, creating reasonable doubt about the stop, the testing, or your intoxication. An acquittal at trial is the only way to completely avoid all penalties and a conviction.

Your Critical First Steps: What to Do Immediately After Arrest

Time is not on your side. The system moves quickly against a presumed repeat offender.

1. INVOKE YOUR RIGHT TO REMAIN SILENT. Do not answer any questions from police. Do not try to explain. Your prior record makes anything you say incredibly damaging. State clearly: “I am invoking my right to remain silent and will not speak without my attorney.”
2. DO NOT DISCUSS THE CASE WITH ANYONE. Jail calls are recorded. Conversations with family are not protected. Assume everything you say is being captured and will be used against you.
3. CONTACT A FELONY DWI DEFENSE ATTORNEY IMMEDIATELY. This is not a case for a general practitioner or a lawyer who dabbles in DWI. You need a specialist from a firm like Barton & Associates. Early intervention allows us to secure evidence, file motions, and begin shaping your defense strategy before the prosecution’s case hardens.

Why Barton & Associates is Your Essential Defense Team

A third DWI is a fight for your future. You need advocates with specific, proven expertise.

• Former Felony Prosecutors: Our attorneys have been on the other side, prosecuting these exact cases. We know the tactics, the weaknesses in the state’s typical approach, and how to negotiate effectively with district attorneys.
• Board-Certified Criminal Law Specialists: Our attorneys include those recognized by the Texas Board of Legal Specialization for their expertise in criminal defense—a mark of exceptional experience and skill.
• Resources for a Scientific Defense: We have the resources to hire top forensic toxicologists, accident reconstructionists, and investigators to challenge the state’s evidence at a technical level.
• Trial-Ready and Unafraid: Prosecutors know we will take a case to trial if their offer is unjust. This reputation gives us the leverage necessary to fight for the best possible outcome, whether at the negotiation table or in front of a jury.

Your Future Hangs in the Balance. Act Now.

A third DWI charge is a legal emergency with permanent consequences. The state will seek to imprison you and brand you as a felon for life. Hoping for a good outcome or relying on an inexperienced attorney is a direct path to a decade in prison.

You have one chance to build the right defense. It starts with the call you make today.

Contact Barton & Associates, Attorneys at Law, immediately at 210-500-0000 for a confidential and urgent case evaluation. We will analyze the charges against you, explain your legal options in clear terms, and begin the fierce, strategic fight to protect your freedom.

Main Category: Criminal Defense
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000