If you are facing a second driving while intoxicated (DWI) conviction for intoxication, from drugs or alcohol, you probably have a general idea of how the Texas justice system handles DWIs.
However, you might not be familiar with just how serious a second DWI offense can be.
Second time offender DWI penalties are severe, and the ramifications are substantial on your life, your ability to keep your license, and your employment prospects.
Hiring a sharp, experienced, and knowledgeable DWI defense lawyer, like Austin Hagee Law Firm is your best bet for a strong defense.
To schedule a free consultation to speak with one of our skilled DWI defense lawyers in Texas, call 210-500-3700 or contact us online.
The Penalties for a Second DWI Offense
A second DWI is a Class A misdemeanor in Texas. A conviction for a DWI second offense is punishable by:
- A minimum jail sentence of 3 days (even if probation is granted) but not more than one year in jail,
- A fine of up to $4,000,
- A driver’s license suspension of at least 180 days up to two years, and
- Installation of an ignition interlock device in your vehicle.
Depending on the circumstances, a court may also sentence you to up to two years of probation and up to 200 hours of community service. You may also have to participate in a drug or alcohol program and submit regularly to drug or alcohol testing.
A Second Offense DWI Is Not Eligible for Sealing
Notably, a second driving while intoxicated conviction is not eligible for deferred adjudication and subsequent sealing and expungement. Under Texas law, a first-offense DWI is eligible for deferred adjudication.
If you complete certain court-ordered requirements, your first DWI will be eligible to be removed from your record. However, a second offense DWI is not eligible for this program.
This means a second DWI offense will be on your record permanently and may affect your future employment opportunities.Â
Can You Avoid Jail Time After a Second DWI?
You may wonder if you can avoid jail time with a second DWI offense in Texas. Under Texas law, if you are convicted of a second DWI, jail time is inevitable. The law requires those convicted of a second DWI offense to serve at least 3 days in jail.
Fighting the charge before you’re convicted is the only way to potentially avoid jail time. To do so, you’ll need a knowledgeable DWI defense attorney to carefully scrutinize the factual and legal issues with your case.
Investigate Defenses to a Second DWI Offense in Texas
Just because you have been accused of DWI does not mean you will be convicted. There are defenses to DWI charges. Common DWI defenses include the following:
- There was no probable cause or reasonable suspicion to stop the vehicle;
- The police didn’t advise you of your Miranda rights before learning vital information;
- The police improperly administered the roadside field sobriety tests;
- The breathalyzer test was defective, improper, unreliable, or poorly maintained;
- You received inaccurate blood alcohol concentration test results; or
- You suffer from a condition with symptoms that mimic intoxication, like diabetes.
Every driving while intoxicated case is unique. The defenses in one person’s case may not be suitable in every case.
Hire a DWI Defense Attorney
It is crucial to have an experienced DWI defense attorney assess your case and review the evidence against you. Meet with one of our Texas DWI defense lawyers to begin strategizing your defense.
As former prosecutors, the DWI attorneys at the Austin Hagee Law Firm know what to look for to cast doubt on the prosecutor’s case.
Whether it be a poorly conducted investigation, unreliable scientific evidence, a violation of your legal rights, or even insufficiently established facts to support an arrest, our attorneys have the experience to fight for you.
Facing Your Second DWI? Call Our San Antonio DWI Defense Lawyers Today
Whether you have made a few bad mistakes or are struggling with addiction, facing a second DWI offense can have severe consequences with lifelong implications.
Your best chance of minimizing these penalties is to have a solid legal defense team alongside you.
At our firm, we do not just work hard for our clients, but we strive to come alongside them and help them grow in the difficult moments they find themselves in.
We want our clients and their families to have the best chance of success in the future, and we work hard to help that become a reality in each of our cases.
At the Austin Hagee Law Firm, we understand the high stakes of a second DWI offense. We tirelessly fight for our clients’ rights and are never afraid to go to trial. Contact us today to schedule a confidential attorney consultation.
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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