In Texas, a second DWI charge is a serious offense that can result in harsh legal consequences such as fines, license suspension, mandatory alcohol counseling, and even potential county jail time. Furthermore, a second DWI charge may also lead to long-term consequences, including higher insurance rates and a permanent place on your criminal history. Keep reading to know how to get 2nd dwi charge reduced in Texas.

Given the gravity of these potential consequences, you should always seek the representation of an experienced criminal defense attorney who handles Texas DWI cases. At the  Law Office of David D. White, PLLC: Austin Criminal Lawyer, we understand DWI laws in Texas and regularly assist clients in reducing or mitigating the penalties they face. Contact us right away if you are arrested for a second DWI. 

What is DWI in Texas?

In Texas, DWI stands for Driving While Intoxicated. Under Texas law, a person is considered intoxicated if they have a blood alcohol concentration (BAC) of 0.08% or higher, or if they have a loss of function of their physical or mental faculties. A DWI charge does not have to stem from alcohol use.  It can also be based on impairment due to the use of drugs or a combination of alcohol and drugs. Visit our blog What’s the Legal Alcohol Limit in Texas? to have more information if need it. 

Penalties for a Second DWI Offense

The possible penalties for a second DWI offense in Texas are significantly harsher than a first offense. If convicted, you might expect:

• A fine of up to $4,000
• A jail sentence of 30 days to 1 year
• License suspension for up to 2 years
• Court order alcohol monitoring
• Completion of a DWI education program
• Upgrading counseling programs

How To Get 2nd DWI Charge Reduced In Texas

In some situations, it might be possible to reduce the charges for a second DWI, but you want a skilled defense attorney leading the process, as you must have a strong defense strategy in place. If your first DWI was a distant memory or the circumstances surrounding your second charge are challengeable, your DWI defense lawyer can often mitigate the consequences you face.

Here are some steps that must happen:

• Consulting a reputable Austin DWI defense attorney: Contact The Law Office of David D. White, PLLC and schedule a consultation with an experienced attorney who regularly defends DWI cases. They will evaluate the details of your case and provide guidance on the best course of action, keeping you in the loop along the way.
• Gathering evidence: Your attorney will assess the evidence to challenge the validity of the arrest provided by the prosecution. This may include reviewing police reports, analyzing blood alcohol test results, and interviewing witnesses. The right evidence might not only reduce your charge but result in a dismissal altogether.
• Exploring possible defenses: Your attorney will analyze the facts of your case and explore potential defenses, such as illegal search and seizure, unreliable field sobriety tests, or inaccuracies in the blood alcohol test.
• Negotiating with the prosecution: Your attorney will negotiate with the prosecution to explore the possibility of reducing the charges or securing alternative sentencing options.
• Preparing for trial: If a reduction cannot be reached through plea negotiations, your attorney will prepare a strong defense strategy for trial, including cross-examining witnesses and presenting evidence in your favor.

What Could Affect Your Ability to Obtain a Reduction of Second DWI Charges or Penalties?

Several factors can affect your ability to obtain a reduction of second DWI charges, including:

• Prior convictions: The circumstances and timing of your prior DWI convictions will affect your second charges. However, an experienced attorney may still be able to leverage legal arguments and negotiate a better outcome.
• Aggravating circumstances: Aggravating factors such as high BAC levels, accidents, injuries, or driving with a suspended license can increase the difficulty of obtaining a reduction in penalties or charges.
• Quality of legal representation: The experience of your attorney can greatly impact your ability to obtain a favorable outcome. Choosing a reputable and skilled DWI defense attorney is crucial.

Enhanced DWI Offenses and the Impact on Your Case

In certain circumstances, your second DWI offense may be enhanced to a higher degree offense. For example, if you are arrested with a BAC of 0.15% or higher, you may face enhanced penalties. Consult an Austin DWI Defense Attorney Immediately

If you are facing a second DWI charge in Texas, it is important to act quickly and consult an experienced Austin DWI defense attorney. The Law Office of David D. White, PLLC: Austin Criminal Lawyer has dedicated attorneys who defend DWI cases and are ready to provide the guidance and representation you need.

Contact us at (512)-369-3737 to schedule a free consultation and protect your rights. 

Other DWI resources you might be interested in:

• How Long Does a DWI Stay on Your Record in Texas?
• A First DWI Penalty is Punishable By How Much in Texas?
• Are There DWI Surcharges in Texas?
• How Much Does a DWI Lawyer cost in Texas
• What Happens to Your Driver’s License if You Refuse to Submit to a Breath or Blood Test?