By Graham Norris

If you’re facing your second or third DWI charge in Tarrant County, you’re no longer dealing with a simple misdemeanor. Texas law treats repeat DWI offenses with escalating severity, and a third conviction becomes a felony that can result in years of prison time.

The consequences of a repeat DWI extend far beyond fines and jail—they can cost you your driver’s license, your job, and your freedom. Here’s what you need to know about how Texas punishes multiple DWI offenses and how an experienced defense attorney can fight to protect your future.

The Escalating Stakes: How Texas Law Punishes Repeat & Third-Offense DWIs

Texas employs a strict “stair-step” penalty system for DWIs, where consequences intensify sharply with each subsequent conviction. The law views multiple offenses as a pattern of dangerous behavior, moving beyond fines and probation to impose life-altering penalties. For anyone facing a repeat charge, grasping this harsh landscape is the first step in building an effective defense.

• A second DWI conviction is classified as a Class A Misdemeanor. This charge can result in a jail sentence of up to one year and fines as high as $4,000, not including surcharges and court costs.
• A third DWI conviction escalates to a Third-Degree Felony. The potential penalties include a prison sentence ranging from 2 to 10 years and a maximum fine of $10,000. A felony conviction carries lasting consequences, affecting voting rights, professional licenses, and employment opportunities.
• Additional factors, such as having a child passenger or an exceptionally high blood alcohol concentration (BAC) at the time of arrest, can further enhance these charges and penalties.

The Legal Process in Tarrant County

After an arrest for a repeat DWI, the legal machinery begins moving on two parallel tracks: the criminal case and the fight to keep your driver’s license. Knowing the key phases of this process can help you comprehend the road ahead and the critical importance of acting quickly.

The Critical First 15 Days: The ALR Hearing

Immediately following your arrest, the Texas Department of Public Safety (DPS) will initiate a separate civil case to suspend your driver’s license. You have a narrow window of only 15 days from receiving your notice to request an Administrative License Revocation (ALR) hearing. This hearing is your first and best opportunity to challenge the suspension and is a strategic moment to question the arresting officer’s account under oath.

The Pre-Trial Phase: Building Your Defense

Once the criminal case is filed, your attorney enters the discovery phase, obtaining all evidence from the prosecutor. This period is dedicated to dissecting police reports, video footage, and test results. It’s when strategic pre-trial motions are filed to suppress faulty evidence and when negotiations with the Tarrant County District Attorney’s office actively begin, often leveraging proactive steps you’ve taken toward rehabilitation.

The Decision Point: Resolution or Trial

As your case develops, you will reach a critical juncture. The prosecution may present a plea offer. With your attorney’s counsel, you must then make the defining choice: accept a negotiated outcome or proceed to a jury trial. For a felony-level third DWI, this decision carries immense weight and depends entirely on the strength of the defense built during the preceding phases.

Building Your Defense: Strategies Beyond Resignation

Facing an enhanced charge can feel hopeless, but a strategic, proactive defense can fundamentally alter the path of your case. Success often requires a dual approach: meticulously challenging the state’s evidence while proactively demonstrating personal accountability and change to seek a more favorable outcome.

The Power of Proactive Mitigation & Change

One of the most powerful tools in defending a repeat DWI charge is taking action before the prosecution finalizes their offer. We have successfully guided clients by immediately enrolling them in tailored programs, such as alcohol education courses, treatment, and community service.

This proactive step does more than fulfill potential future requirements—it demonstrates to the prosecution a genuine commitment to change. In one case, this approach allowed us to present a client’s transformative actions early, leading to a second DWI charge being negotiated down to a first offense with probation. This result kept him out of jail, preserved his employment, and prevented a permanent second conviction on his record.

Challenging the State’s Evidence at Every Turn

While demonstrating change is crucial, never underestimate the importance of attacking the prosecution’s case. Every DWI arrest rests on a chain of evidence, and each link—from the initial traffic stop to the breath test results—must be legally sound. Our defense begins immediately by requesting a hearing to challenge the license suspension, which provides a critical early opportunity to question the arresting officer under oath. 

Discrepancies found here can weaken the entire case. We then conduct a forensic-level review of all police reports, dashboard camera footage, and body camera footage, comparing the written narrative against the recorded reality. Any deviation from strict procedure in the field sobriety tests or the administration of chemical tests can form the basis for suppressing key evidence.

A Critical Legal Update: The Potential to Seal a DWI Record

A significant shift in Texas law now offers a beacon of hope for some individuals facing DWI charges. In certain cases, it may be possible to obtain a form of probation called deferred adjudication, which can eventually lead to the charge being sealed from your public record.

This option is not available for every case or in every circumstance. The law sets specific criteria that must be met, and the process is intricate. Handling it incorrectly can permanently forfeit this valuable opportunity.

Securing this outcome requires experienced legal guidance from the very beginning. An attorney experienced in multiple DWI cases can evaluate your eligibility, ensure every condition is met precisely, and advocate to the court for this chance to protect your future.

Why Your Choice of Attorney Matters More Than Ever

When the threat is a felony conviction and state prison time, hiring just any lawyer is a profound risk. You need a specialized advocate who grasps the severe gravity of repeat DWI charges and possesses a strategic, multi-front approach to fight them.

• The Early-Advantage Tactic: We employ an aggressive strategy from day one, using administrative hearings not just to protect your driver’s license, but to lock in the officer’s testimony and identify weaknesses in the prosecution’s case long before trial.
• Human-Centered Advocacy: We build a defense around you as a person. We gather evidence of your character, employment, and family role to present a full picture to the prosecution, fighting not just for a legal result, but for your life and stability.
• Pre-Trial Action as Negotiation Power: We often guide clients to complete recommended counseling or classes early. This demonstrates responsibility and provides us with powerful leverage to negotiate for reduced charges or alternative sentencing that avoids incarceration.
• Relentless Scrutiny of the Evidence: We leave no stone unturned, challenging the legality of the stop, the accuracy of the tests, and the officer’s observations. In cases with enhanced penalties, creating reasonable doubt is the key to defending your freedom.

Your Future Demands a Strategic Defense—Begin Yours Now

The path forward from a repeat or third-offense DWI charge is complex, but you do not have to handle it alone. At Norris Legal Group, we provide a defense built on Dignity, Trust, and Fight.

With over 3,600 cases handled and a proven record of securing dismissals and favorable resolutions, our team is ready to be your advocate. Contact Norris Legal Group today for a confidential consultation and start building the defense you need to fight for your freedom.