Penal Code § 49.09(b) · Third-degree felony

DRIVING WHILE INTOXICATED 3RD OR MORE IAT

Driving While Intoxicated 3RD or More in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.

$10,000
Median cash bail
7%
Released on personal bond
31,407
Bail records
15%
Not convicted
293 days
Median time to disposition

What “DRIVING WHILE INTOXICATED 3RD OR MORE IAT” means

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.

Charged asShare of bail recordsPossible confinementFineSource
Third-degree felony100% 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.

Bail for DRIVING WHILE INTOXICATED 3RD OR MORE IAT in Texas

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.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
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.

What usually happens to a DRIVING WHILE INTOXICATED 3RD OR MORE IAT charge

Of 7,897 DRIVING WHILE INTOXICATED 3RD OR MORE IAT charges filed 2019–2023 across 15 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson), 92% have reached a disposition:

15%
Not convicted (1,168)
Dismissed by the prosecutor12%
Dismissed after a diversion program0%
Dismissed, but convicted on a companion charge0%
Dismissed — refiled or handled in another case2%
No-billed by the grand jury0%
Acquitted at trial0%
0%
Deferred adjudication (20)
Deferred adjudication0%
83%
Convicted (6,588)
Guilty or no-contest plea79%
Plea to a lesser charge1%
Found guilty at trial0%
Convicted (plea vs. trial not recorded)3%

How long it takes: the median DRIVING WHILE INTOXICATED 3RD OR MORE IAT charge took 293 days from filing to disposition (middle half: 164 – 483 days, 7,893 charges).

CountyDisposedNot convictedDeferredConvictedMedian days
Harris3,143 19%0%78% 334
Dallas954 6%1%93% 210
Collin848 8%1%92% 156
Denton461 4%0%97% 322
Williamson375 32%1%67% 408
Montgomery312 16%0%84% 199
FortBend193 21%0%77% 388
Comal159 15%1%85% 337
Rockwall103 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.

Recent DRIVING WHILE INTOXICATED 3RD OR MORE IAT cases

CaseCountyFiledDisposedOutcome
196492601010HarrisMay 20, 2026Aug 28, 2026Convicted (plea vs. trial not recorded)
196702301010HarrisJun 4, 2026Aug 28, 2026Convicted (plea vs. trial not recorded)
196787701010HarrisJun 10, 2026Aug 28, 2026Dismissed by the prosecutor
196537001010HarrisMay 22, 2026Aug 28, 2026Dismissed by the prosecutor
196944301010HarrisJun 22, 2026Aug 28, 2026Convicted (plea vs. trial not recorded)
196644701010HarrisMay 31, 2026Aug 28, 2026Convicted (plea vs. trial not recorded)
196637201010HarrisMay 30, 2026Aug 28, 2026Convicted (plea vs. trial not recorded)
196845701010HarrisJun 15, 2026Aug 28, 2026Convicted (plea vs. trial not recorded)
196063401010HarrisApr 20, 2026Aug 27, 2026Convicted (plea vs. trial not recorded)
196430801010HarrisMay 15, 2026Aug 27, 2026Convicted (plea vs. trial not recorded)

Related charges

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Bail 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.