You’ve had a long day at work and decide to join some coworkers for a drink to end your day.
You’re driving home when the familiar flashing lights of a police car suddenly appear in your rearview mirror.
Your heart races as you remember the stress of your first DWI (driving while intoxicated), and now, facing a second charge, you’re filled with dread and anxiety.
What happens now?
A second DWI in Texas is a serious offense that can drastically change your life and have significant consequences.
At Fowlks Law Firm, our experienced San Antonio, Texas DWI attorneys empathize with your fear and uncertainty.
We’ve helped countless individuals navigate the complexities of DWI charges and can help you, too.
Here’s what you need to know about a 2nd DWI offense in Texas and how to defend against these charges.
For a free consultation, please fill out our online form or call (210) 455-1000 today.
Understanding A Second DWI Offense In Texas
Under Texas law, driving while intoxicated is a serious charge. A second DWI offense means you’ve been arrested for operating a vehicle while intoxicated after a previous conviction.
Intoxication means having a blood alcohol concentration (BAC) of 0.08% or higher or being impaired due to alcohol, drugs, or both. You are impaired if the substance affects your mental or physical abilities.
To convict you, the prosecution must prove the following:
- You were in control of the vehicle, even if it wasn’t moving.
- You drove your car in an area accessible to the public, such as a street, highway, or parking lot.
- You were intoxicated, which can be shown through BAC testing, field sobriety tests, or officer observations.
With a prior DWI on your record, the penalties and legal hurdles escalate significantly.
What Is The Penalty For A 2nd DWI In Texas?
Like most states, Texas imposes harsher penalties for a second DWI. These penalties aim to deter repeat offenses while protecting public safety.
Jail Time
A second offense results in a mandatory minimum sentence of 72 hours, with a maximum potential sentence of up to one year in county jail. Depending on the circumstances, probation may be possible.
Fines And Financial Penalties
A second DWI can result in fines of up to $4,000 in addition to court costs and other fees. To keep your license, you may also need to pay annual surcharges of up to $2,000 for three years.
Driver’s License Suspension
A conviction can result in a license suspension ranging from 180 days to two years. You may be eligible for an occupational license, but it needs court approval. If you get such a license, you must comply with specific conditions.
Other consequences include mandatory installation of an ignition interlock device (IID), between 80 to 200 hours of community service, and mandatory enrollment in alcohol education or intervention programs. If you fail to meet court-ordered requirements, you risk harsher consequences, including extended license suspensions or additional jail time.
Is A Second DWI A Felony In Texas?
A second DWI in Texas is usually categorized as a Class A misdemeanor. However, several factors can escalate the charge to a felony.
For example, if someone was injured, it could become intoxication assault, a third-degree felony. Multiple DWI convictions could also result in a felony charge for habitual DWI.
What Is The Average Sentence For 2nd DWI In Texas?
As you can see, there are a range of penalties allowed by law, so the judge has discretion within those boundaries. The average sentence depends on factors like BAC, prior criminal history, and the effectiveness of your defense. While some offenders may secure probation and avoid jail time, others could face the maximum penalties the law allows.
How To Get A 2nd DWI Charge Reduced In Texas
Although a second DWI charge is serious, pursuing a reduced sentence or even having the charge dismissed is possible.
A skilled DWI lawyer can challenge the evidence against you.
That means examining BAC results, field sobriety tests (FSEs), and police procedures for errors.
Perhaps the breathalyzer was maintained or administered improperly, or the office did not give the appropriate instructions for FSEs.
Or, perhaps the officer did not have probable cause to make the traffic stop.
If there are any such weaknesses in the prosecution’s case, your lawyer can use them as leverage to negotiate alternative sentencing or reduced charges.
The Importance Of Hiring A DWI Lawyer For Your Second Offense
Without a skilled lawyer, you risk severe penalties that can disrupt your career, drain your finances, and impact your personal life.
An experienced DWI attorney can protect your rights and your future by doing the following:
- Reviewing the prosecution’s case, including breathalyzer results, field sobriety tests, and police procedures, to identify errors or violations of your rights;
- Developing a strategy specifically designed for your circumstances, addressing any weaknesses in the evidence against you; and
- Negotiating reduced charges, advocating for alternative sentencing, or seeking a case dismissal to achieve the best possible result.
They can also take your case to trial and argue that the prosecution has not proven each element of the crime beyond a reasonable doubt. Attorneys are trained in trial law and the rules of evidence, and they know how to present your case in the light most favorable to you.
Your Defense Is Our Focus
A second DWI offense does not have to define your life. At Fowlks Law Firm, we understand your challenges and are here to guide you through every step of the process. Led by Justin M. Fowlks, we bring years of experience and a commitment to helping clients achieve favorable resolutions and get back on the road.
Don’t let the uncertainty of a repeat DWI offense dictate your future. Call us at (210) 455-1000 or send an online message today for a free, no-obligation consultation.
Resources:
- Impaired driving and penalties – DUI/DWI. Texas Department of Transportation, link
- Tex. Penal Code § 12, link
- Tex. Penal Code § 49.01, link
- Tex. Penal Code § 49.07, link
- Tex. Transportation Code § 524.001, link
- DWI Laws and Consequences. Texas Impaired Driving Task Force, link
- Administrative License Revocation (ALR) Program, Texas Department of Public Safety, link
- Texas DWI Laws. Dallas Police Department, link
Justin M. Fowlks was born and raised in San Antonio, Texas. He has worked diligently on complex and high-stakes criminal matters. He zealously represented criminal defendants in counties all over the state. In addition to a heavy criminal defense docket, Mr. Fowlks also managed a personal injury docket of cases ranging from on-the-job accidents to catastrophic trucking and auto accidents. Mr. Fowlks provides each client with the utmost in service and accessibility.
