If you’re facing a DWI second offense in Texas, you should be aware that each consecutive DWI conviction results in more severe penalties and stricter consequences, so your experience may differ significantly from that of a first offense conviction. In this blog, we’ll discuss statutory minimums for a 2nd DWI offense, potential consequences you may face, and the finality of DWI convictions in Texas.

Regardless of if this is your first, second, or even fifth DWI, the best decision you can make is to speak with an experienced defense attorney who can fight for your case. If you or a loved one has been charged with a DWI, contact the The Law Office of David D. White, PLLC: Austin Criminal Lawyer for tailored, result-oriented criminal defense.

Statutory Minimum Mandatory Requirements for a Second DWI

Under Texas law, a second DWI offense carries a mandatory jail sentence of at least 72 hours, even if your first DWI arrest resulted in deferred adjudication and you were able to avoid conviction.  

Conditions of Release on Bond After a Second DWI Arrest

If you are arrested for a second DWI offense in Texas, bond conditions upon release from jail are more restrictive than those from the first offense.. These conditions can include:

• Mandatory participation in alcohol or drug treatment programs
• Random drug testing
• Prohibition from driving without an ignition interlock device
• Regular reporting to a pretrial officer
• Compliance with any court orders or restrictions

Failure to comply with these conditions can result in the revocation of your bond and being sent back to jail. 

Penalties for a DWI Second Offense in Texas

A second DWI offense in Texas is classified as a Class A misdemeanor which is punishable by a maximum of one year behind bars or up to two years probation. If a judge sentences you to probation, he or she could also order jail time as a condition of being granted probation.

A second DWI charge will also result in the suspension of your driver’s license for at least 180 days, with the possibility of suspension for up to 2 years before being eligible to reinstate your license.  You may also be required to install an Ignition Interlock Device (IID) in your vehicle at your own expense. In Texas, IIDs are often required to have a license reinstated after a second DWI conviction. Mandatory community service, alcohol education courses, or substance abuse counseling and rehabilitation are additional conditions often imposed by judges for a second DWI offense.

Facing the consequences of a DWI isn’t something that anyone should do alone. Hiring an experienced defense attorney can help ease the anxiety and uncertainty that comes with a second DWI charge.

How Long Will the DWI Convictions Remain on my Record?

Some states have what’s called a DWI lookback period which is the amount of time a drunk driving conviction remains on a driver’s record before it’s no longer considered a prior offense for sentencing purposes. Unlike some states that have lookback periods for determining multiple DWI charges, Texas has no lookback period.  This means that if you have a prior DWI conviction, even if it occurred years ago, it will be visible to prosecutors and judges when determining punishment for your second offense. However, if you were able to get your first DWI offense expunged, a subsequent DWI will be treated as a first offense, just as if you hadn’t been charged with the initial DWI. 

Contact our Austin DWI Defense Lawyer Now

Facing then a 2nd offense DWI in Texas? Don’t face a second DWI charge alone. Contact The Law Office of David D. White, PLLC: Austin Criminal Lawyer at (512) 369-3737 to schedule a consultation and get the personalized, aggressive defense you deserve.