Facing a second DWI offense in Texas can seem overwhelming, as one would think, the consequences of a second conviction are far harsher than those of a first-time DWI and prosecutors tend to have much less wiggle room in terms of negotiations.  A conviction for a DWI 2nd carries larger fines and an extended range of punishment, but more concerningly, sets up a felony charge for any subsequent arrest for DWI. Keep reading to know more about 2nd DWI in Texas. 

Experienced legal representation is crucial to protecting your rights and confronting the complexities of these laws. The Law Office of David D. White, PLLC: Austin Criminal Lawyer, is dedicated to assisting individuals facing these serious charges in Austin, TX. 

Understanding a DWI Second Offense in Texas

The offense itself is classified as a Class A misdemeanor, which carries a punishment range of up to one year in county jail, but it carries more serious sanctions such as steeper fines, stricter bond conditions, and lengthier license suspensions. The length of time between your prior DWI conviction and the 2nd is relevant as far as mitigation is concerned but is not a determining factor whether the subsequent arrest can legally be charged as a DWI 2nd offense. The outcome of a DWI 2nd charge can be life changing so be sure to hire an Austin DWI Lawyer who has experience with these cases.

Penalties for a DWI Second Offense in Texas

Penalties for a second DWI conviction are significantly harsher than those for a first offense and may include:

• Fines: Up to $6,000 in administrative costs plus costs of court
• Jail Time: The Class A Misdemeanor carries up to one year in county jail.
• Ignition Interlock Device: Mandatory installation on your vehicle as a bond condition or upon conviction, which requires breath testing before starting the engine.
• Driver’s License Suspension: Up to two years, potentially impacting your ability to drive for an extended period.
• DWI Education or Intervention Program: Completion of a state-approved program aimed at addressing alcohol use and preventing future offenses.

These legal ramifications are designed to discourage people from making the same mistake. Notably, jail time may be mandatory depending on the circumstances, making it vital to have skilled legal representation. 

You can explore the Texas Department of Transportation website to gather extra insight about intoxication offenses and penalties.. 

Can You Get Probation for a DWI Second Offense in Texas?

Yes, it is possible in Texas to receive probation for a second DWI allegation. This allows you to serve part or all of your sentence outside of jail, provided that you comply with specific conditions set by the court. These conditions often include:

• Regular check-ins with a probation officer
• Random drug and alcohol testing
• Completion of a DWI intervention program
• Mandatory community service
• Use of alcohol monitoring devices

However, probation is not guaranteed, and a strong defense strategy is necessary to increase your chances of securing that result for the more extreme cases.  And if you were to violate any terms of your probation, a warrant could be issued for your arrest, and the Judge could revoke your probation which could lead to jail time. 

More information on DWI-related probation can be found on the website for the Texas Department of Public Safety.

Is a DWI Second Offense a Felony in Texas?

A DWI Second Offense is usually categorized as a Class A misdemeanor but can be enhanced to a felony under certain circumstances. For instance, if the incident results in injury to another person or a child passenger is in the vehicle, the charges can be enhanced to felonies. If convicted of a DWI 2nd, any subsequent arrest for driving while intoxicated would automatically be enhanced to a felony.

Can a Second DWI Be Dismissed in Texas?

Like any criminal offense, a DWI of any nature can be dismissed but requires a solid defense strategy and preparation. The most common strategies include challenging the legality of the traffic stop, disputing the accuracy of sobriety tests, or questioning the admissibility of blood or breathalyzer test results. Sometimes prosecutors will agree to reduce a DWI 2nd back down to a DWI 1st offense which lessens the associated penalties. The best criminal defense attorneys can advise their clients of actions they can take during the case to maximize their outcome.

Contact an Austin DWI Lawyer for a Free Consultation Today

Seeking qualified legal counsel is crucial when facing criminal allegations in Texas. The Law Office of David D. White, PLLC: Austin Criminal Lawyer, is here to assist you, whether you’re aiming to avoid jail, avoid conviction, avoid probation, or keep your criminal history clean. 

Call us at 512-369-3737 or contact us today for a free consultation. Let us guide you through this arduous process because the attorney you hire makes all the difference.