Third or Subsequent DWI
Third or Subsequent DWI in Williamson and Bell County
An individual who has been charged with a third driving while intoxicated offense in Texas could face very serious penalties. A third DWI or DUI is a felony offense, which can result in an inability to vote, hold or possess a firearm, or pursue certain professions or educational opportunities.
In order to be convicted of a third DWI offense in Georgetown, the state prosecutor is required to prove beyond a reasonable doubt the alleged offender committed every element of the offense. This is a very difficult burden to meet and can result in a dismissal or reduction of the charges if your lawyer is able to cast any doubt on the prosecution’s case. Therefore, it is important to immediately contact an experienced criminal defense attorney in Georgetown to begin working on your best legal defense.
Georgetown Third DWI Lawyer
If you have been charged with a third DWI in Georgetown, or any of the surrounding areas Round Rock, Cedar Park, Leander, Taylor, Hutto, Killeen, Temple, Belton or Harker Heights, contact the Law Office of Michael J. Price, P.C. Attorney Michael Price is knowledgeable in all areas of Texas’ driving while intoxicated laws and will make every effort to help you avoid the most serious penalties and consequences to your alleged offense. Call the Law Office of Michael J. Price for a free consultation at (512) 930-3074 about your third DWI charges.
Georgetown Third DWI Information Center
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Third DWI Offense in Georgetown
An individual can be charged with a third driving while intoxicated offense in Texas, as defined in Tex. Pen. Code Ann. § 49.09(b), if they operate a motor vehicle while intoxicated in a public place after a previous conviction for any two of the following offenses:
- First driving while intoxicated,
- Second driving while intoxicated,
- Intoxication manslaughter,
- Intoxication assault,
- Flying while intoxicated,
- Driving with a child passenger, and/or
- Boating while intoxicated.
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Intoxication Definition in Texas
In order to be charged with a third DWI, an individual is required to be intoxicated. This is defined in Texas as not being able to use normal mental or physical faculties or having a BAC over .08, according to Tex. Pen. Code Ann. § 49.01(a)(2).
An individual’s normal faculties are defined as anything they can do on a regular basis. It varies for each person and depends on what that specific person is capable of doing. Typical mental and physical faculties can include basic motor functions, talking, walking and balancing.
An individual can also be charged with a third drinking and driving offense if they have a blood or breath alcohol concentration (BAC) level over Texas’ legal limit of .08. Also known as per se DWI, an individual will be arrested for DWI if they are over the legal limit, regardless if they are still able to use their normal faculties.
Under Texas law, BAC is measured through the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood or 67 milliliters of urine.
An individual typically only has to have a few drinks to meet or exceed the legal limit in Texas. The Texas Alcoholic Beverage Commission (TABC) measures one drink as:
- One five ounce glass of wine, or 12% alcohol by volume (ABV),
- A 1.5 ounce shot of 80 proof liquor, or 40% ABV, or
- One 12 ounce beer, or 4.5% ABV.
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Operating a Motor Vehicle in Texas
In order to be convicted of a third driving while intoxicated offense in Georgetown, an individual also has to be operating a motor vehicle. Texas law defines a motor vehicle as any vehicle used for transporting people or property, except for vehicles for use exclusively on rails or tracks, such as a metro rail, train or subway.
Additionally, an individual must be in actual physical control (APC) of the vehicle to be convicted of a third DWI. An individual has APC of a vehicle if they are in or near a vehicle and are capable of operating the vehicle. The vehicle does not have to be in operation at the time of arrest for the individual to be charged with a DWI.
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Third DWI Penalties in Georgetown
An individual who is charged with a third DWI can receive serious penalties and repercussions. A conviction for this offense can result in a felony of the third degree, which is punishable by a mandatory minimum prison sentence of two years and a maximum of ten years, in addition to the following potential penalties:
- Completion of a repeat DWI offender course,
- Installation of an ignition interlock device,
- Fees for maintenance and calibration of the ignition interlocking device,
- Court costs,
- Completion of an alcohol or controlled substance course,
- Counseling for substance abuse,
- A fine up to $10,000,
- Up to 1,000 hours of community service,
- Possible criminal record,
- Inability to pursue certain occupations or education opportunities,
- Inability to own or possess a firearm, and/or
- Inability to vote.
An individual who has been convicted of a third DWI can also face a driver’s license suspension from 180 days to two years. However, if the individual has received their third DWI offense within the five years of any preceding offense, their license can be suspended for a period from one to two years, as stated in Tex. Transp. Code Ann. § 521.344.
Additionally, under Texas law, an individual who has been convicted of a third DWI offense within five years of any preceding DWI offense is required to install a “deep-lung breath analysis mechanism” in any car they own or operate. More commonly known as an ignition interlock device, the machine requires any driver of the vehicle it is installed in to take and pass a breath test before the vehicle is able to start. This means the driver cannot have any detectable amount of alcohol in their breath when they attempt to start their vehicle. The machine will also require the driver to periodically pull over and take a breath test to ensure they are not drinking and driving.
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Georgetown Resources for a Third DWI
Texas Constitution and Statutes – Section 49.09(b) of the Texas Penal Code defines a Third DWI offense in Texas and the potential penalties for a conviction for a third drinking and driving offense in Texas.
Bell County District Clerk – The Bell County District Clerk’s websites provides users access to court records and case history, in addition to miscellaneous information regarding the court and legal system throughout Bell County. The Bell County District Clerk can be contacted at:
Bell County Justice Complex
1201 Huey Road
Belton, Texas 76513
Phone: (254) 933 - 5200
Texas Approved Ignition Interlock Device Vendors – The Texas Department of Public Safety’s website provides a list of approved ignition interlock device vendors by the Office of the Scientific Director in Texas. Anyone who is required to install an ignition interlock device on their vehicle must have it installed by an approved Texas vendor.
Texas Department of Transportation – The Texas Department of Transportation (TxDOT) aims to provide safe, effective and efficient driving and transportation of people throughout the state. The TxDOT website provides access to driving laws in Texas, individual driver’s license information, information on registering vehicles and miscellaneous motor vehicle and driving resources in Texas. A local Williamson County office is located at:
2727 S. Austin Ave.
Georgetown, Texas 78626
Phone: (512) 930-5402
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Law Office of Michael J. Price, P.C. | Round Rock Third DUI Attorney
Contact the Law Office of Michael J. Price today for a consultation about your third drinking and driving offense throughout Williamson County in Texas. Michael Price is an experienced Georgetown criminal defense lawyer who will make every effort to help you achieve the best possible outcome in your particular situation. Contact the Law Office of Michael J. Price at (512) 930-3074 for a consultation about your alleged third DWI throughout Williamson County and Bell County in Texas.