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.
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 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.
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.
| 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.
What usually happens to a DRIVING WHILE INTOXICATED 3RD OR MORE IAT charge
Of 7,247 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), 91% have reached a disposition:
How long it takes: the median DRIVING WHILE INTOXICATED 3RD OR MORE IAT charge took 298 days from filing to disposition (middle half: 172 – 486 days, 7,243 charges).
| County | Disposed | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 3,155 | 19% | 0% | 78% | 334 |
| Collin | 870 | 8% | 1% | 92% | 156 |
| Denton | 464 | 3% | 0% | 97% | 322 |
| Williamson | 377 | 33% | 1% | 67% | 408 |
| Montgomery | 318 | 16% | 0% | 84% | 197 |
| Dallas | 252 | 8% | 0% | 93% | 196 |
| FortBend | 194 | 21% | 0% | 77% | 386 |
| Comal | 159 | 15% | 1% | 85% | 337 |
| 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 real DRIVING WHILE INTOXICATED 3RD OR MORE IAT cases ended
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
Related charges
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.