DRIVING WHILE INTOXICATED 3RD OR MORE IATTexas Penal Code (PC) § 49.09(b)
“DRIVING WHILE INTOXICATED 3RD OR MORE IAT” stands for Driving While Intoxicated, 3rd Offense or More (Felony DWI), a third-degree felony under Texas Penal Code (PC) § 49.09(b). It is punishable by 2 to 10 years in prison and a fine up to $10,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “DRIVING WHILE INTOXICATED 3RD OR MORE IAT” mean?
“DRIVING WHILE INTOXICATED 3RD OR MORE IAT” stands for Driving While Intoxicated, 3rd Offense or More (Felony DWI), a third-degree felony under Texas PC § 49.09(b).
Felony driving while intoxicated under Texas Penal Code § 49.09(b) requires the State to prove the elements of driving while intoxicated under § 49.04 — being intoxicated while operating a motor vehicle in a public place — plus qualifying prior convictions. The commonly charged form, § 49.09(b)(2), applies when the person has previously been convicted two times of any other offense relating to the operating of a motor vehicle while intoxicated, making the current case at least a third offense; the courthouse notation 'IAT' means 'if shown at trial,' because the prior convictions are elements the State proves at trial. Texas has no washout period, so prior intoxication convictions count regardless of their age, and substantially similar out-of-state convictions qualify. Subsection (b) also elevates the offense based on a single prior conviction for intoxication manslaughter, but this label denotes the two-prior, third-or-more variant, a third-degree felony.
What usually happens to a DRIVING WHILE INTOXICATED 3RD OR MORE IAT charge?
16% ended without a conviction, 0% in deferred adjudication and 82% in a conviction.
How 7,247 resolved DRIVING WHILE INTOXICATED 3RD OR MORE IAT charges filed 2019–2023 ended, across 15 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 3,155 | 19% | 0% | 78% | 334 |
| Collin | 870 | 8% | 1% | 92% | 156 |
| Galveston | 497 | 20% | 0% | 80% | 401 |
| Denton | 464 | 3% | 0% | 97% | 322 |
| Williamson | 377 | 33% | 1% | 67% | 408 |
| Hays | 340 | 12% | 0% | 88% | 380 |
| Brazoria | 331 | 15% | 0% | 86% | 230 |
| Montgomery | 318 | 16% | 0% | 84% | 197 |
| Dallas | 252 | 8% | 0% | 93% | 196 |
| FortBend | 194 | 21% | 0% | 77% | 386 |
| Comal | 159 | 15% | 1% | 85% | 337 |
| Travis | 122 | 8% | 0% | 90% | 402 |
| Rockwall | 104 | 5% | 0% | 95% | 113 |
Outcome is the final disposition recorded on the charge. “Other” (121) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a DRIVING WHILE INTOXICATED 3RD OR MORE IAT case take to resolve?
Typically about 10 months: half of resolved cases closed within 298 days of filing.
Across 7,243 resolved DRIVING WHILE INTOXICATED 3RD OR MORE IAT charges filed 2019–2023, the median time from filing to disposition was 298 days. The middle half took between 172 and 486 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real DRIVING WHILE INTOXICATED 3RD OR MORE IAT cases end?
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
What is the punishment for Driving While Intoxicated, 3rd Offense or More (Felony DWI) in Texas?
2 to 10 years in prison and a fine up to $10,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Third-degree felony | 2 to 10 years in prison (TDCJ) | Fine up to $10,000 | Penal Code § 12.34 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for DRIVING WHILE INTOXICATED 3RD OR MORE IAT in Texas?
The median bail is $10,000, and 7% of defendants were released on a personal bond.
Across 31,407 Texas bail settings for this charge (110 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $10,000 (middle half: $5,000 – $20,000). 7% of defendants were released on a personal bond, and bail was denied in 3,148 cases. When this was the only charge at booking (19,065 records), the median was $12,500 and 9% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 2,666 | $5,000 | $3,000 – $7,500 | 0% | 5% |
| Harris | 2,372 | $25,000 | $15,000 – $30,000 | 53% | 1% |
| Travis | 2,166 | $10,000 | $7,500 – $20,000 | 24% | 13% |
| Bexar | 2,058 | $15,000 | $10,000 – $25,000 | 0% | 14% |
| Dallas | 1,963 | $15,000 | $7,500 – $25,000 | 0% | 6% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
Charged with DRIVING WHILE INTOXICATED 3RD OR MORE IAT?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.