By the time Harris County prosecutors are looking at a fourth DWI, they’ve usually stopped offering the kind of deals available on a first or second offense. This is where Texas treats you as a habitual offender, and the punishment range reflects it. A Houston fourth DWI lawyer has to fight both the new charge and the weight of everything that came before it.
How Texas Classifies a Fourth DWI
- Third-degree felony baseline. Two to ten years in prison and a fine of up to $10,000.
- Possible enhancement to second-degree. If the State can use a prior felony conviction to enhance the charge under Penal Code § 12.42, the range jumps to 2 to 20 years.
- No lookback period. Old DWIs don’t fall off your record after a set number of years, and convictions from other states count too.
What Else Comes With It
License suspension of 180 days to two years, mandatory ignition interlock, and annual surcharges just to keep a license at all. Bond conditions on a fourth DWI tend to be stricter, sometimes including SCRAM monitoring while the case is pending.
Where a Defense Still Exists
Every prior conviction used to enhance a charge has to have been valid in the first place. If one of those old cases had a defective plea, an uncounseled conviction, or another legal problem, it may not be usable to enhance the current charge. The stop, the testing, and the arrest still deserve the same scrutiny as any DWI case.
Facing a Fourth DWI? Contact Blass Law Now
Contact Blass Law for a confidential case evaluation or call (713)-664-4000. This isn’t a case to hand to someone who’s never tried one.
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.