Felony DWI — Third or Subsequent Offense
A third DWI in Texas is a third-degree felony punishable by two to ten years in prison and a fine up to $10,000, and the range increases further if you have previously served a prison sentence. This is a district court case with grand jury exposure, and it has to be treated as a trial case from the first week.
If you are reading this, you have probably already been told by someone that there is nothing to be done. That is not true, and the people who say it are usually not the ones who have pulled the old judgments and read the lab file.
The grand jury window is an opportunity
Before a felony DWI is indicted, it goes to a grand jury. That is a window — narrow, and usually gone before someone hires a lawyer — in which a defense presentation can sometimes be made. It does not fit every case and it carries strategic risk that has to be weighed honestly. But it exists, and it closes fast.
Attacking the two prior convictions
A felony DWI depends entirely on two valid prior convictions. Take one away and the felony becomes a misdemeanor. We obtain the underlying judgments in every case and examine whether counsel was present or validly waived, whether the plea paperwork is complete, whether the judgment is defective, and whether an out-of-state prior is genuinely substantially similar to Texas DWI. This is unglamorous records work and it is where felony DWI cases are most often won.
Alternatives to prison in Tarrant County
Tarrant County operates a Felony Alcohol Intervention Program designed for higher-risk repeat DWI offenders, structured as intensive supervision and treatment rather than incarceration. Veterans Court and mental health diversion tracks may also be relevant depending on your history. Whether any of these fit depends on the facts, your record and the court.