An Experienced Legal Team Helps You Build a Strong DWI Defense
Have you been arrested for a second DWI in Texas? You could lose your license if convicted without a DWI second Attorney in San Antonio.
Time is running out. Your driving privilege will be automatically suspended 15 days after your second DWI arrest in San Antonio if you do not request an ALR hearing.
Most people understand generally how a DWI case goes. However, you may not know that each subsequent DWI case and conviction on your record means more serious penalties.
At Austin Hagee Law Firm, PLLC, we understand exactly what you are going through. We understand that you are worried about your license, fines, and potential statutory jail time.
And, as former prosecutors, we know the right defense tactics to use against the opposition. We fight passionately to safeguard your rights and freedom when you hire a San Antonio DWI lawyer at Austin Hagee Law Firm, PLLC.
To schedule a free consultation to speak with one of our skilled DWI defense lawyers in Texas, call 210-942-6849 or contact us online.
What is a DWI in Texas?
Texas Penal Code § 49.04 explains that you may be arrested for DWI under the following circumstances:
- A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (Intoxication in Texas means having a .08 blood alcohol concentration (BAC) or having the loss of your mental or physical faculties by an intoxicating substance)
- Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
- If it is shown on the trial of an offense under this section that at the time of the offense, the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days jail.
- If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor. The minimum jail time for a DWI with a 0.15 or higher BAC is 30 days.
It is important for you to understand that in Texas, a second DWI conviction means you will face enhanced penalties whether your first offense happened a month ago or 20 years prior.
Understanding the Difference Between DWI and DUI in Texas
Texas has both driving under the influence (DUI) and driving while intoxicated (DWI) penalties.
While some people use these terms interchangeably in casual conversation, they represent two distinct charges with different legal ramifications in Texas.
DUI: A Charge for Minors
In Texas, the term DUI is exclusively applied to minors, who are defined as individuals under the age of 21.
The state’s zero-tolerance policy towards underage drinking means that any detectable amount of alcohol in a minor’s system while operating a vehicle can lead to a DUI charge.
Unlike DWI charges, a DUI does not require the minor to exhibit signs of impairment or to have a Blood Alcohol Concentration level of .08 percent or higher.
The presence of any alcohol at all while a minor is operating a vehicle is grounds for an arrest and charge.
DWI: A Broader, More Severe Charge
DWI charges, on the other hand, can be brought against anyone, including minors.
A person is charged with DWI if they are found operating a motor vehicle in a public place while intoxicated, which legally means having a BAC of .08 percent or higher or showing impairment of physical or mental faculties due to alcohol or drug consumption.
The Legal Implications
Understanding the distinction between these two charges is crucial for drivers in Texas.
While a DUI charge signifies any alcohol consumption by a minor, a DWI indicates a level of intoxication that legally impairs one’s ability to operate a vehicle safely, regardless of the driver’s age.
The penalties for a DWI are more stringent, including the possibility of heavy fines, license suspension, and even jail time, underscoring the seriousness with which Texas treats the offense.
What Are the Penalties for Multiple DWI Convictions in Texas?
Like other parts of the country, the criminal justice system in Texas has no tolerance for anyone who drinks and drives.
And while first-time offenders face stiff penalties, the punishment for a DWI second is much more severe, including a mandatory 72-hours of jail time by statute.
If you are arrested for a second DWI in San Antonio, and you are not intoxicated, it may be better to cooperate with the police.
This is because refusing cooperation with a BAC test could result in a two-year license suspension if you do not cooperate. The two-year suspension will still apply, even if your Second DWI case is dismissed.
If you are intoxicated, the general advice is to be respectful to law enforcement, but do not incriminate yourself any further. In either case, once you are booked, politely ask to speak with your defense attorney.
If convicted of subsequent DWIs, you face the following penalties:
- Class A misdemeanor (as long as BAC does not exceed 0.15),
- Up to $4,000 in fines,
- Court and administrative costs,
- Mandatory evaluation,
- Community supervision,
- Up to 200 hours of community service,
- Between three-days and a year in jail,
- Maximum license suspension of up to two years,
- Annual Texas Department of Public Safety (DPS) Driver Responsibility Surcharge of $1,500 for three years, and
- Mandatory attendance at DWI repeat offenders’ education program.
These are only the penalties you face for being convicted under the Texas criminal justice system. You may face other repercussions in your personal and professional life.
Probation for a Second DWI in Texas
Anyone charged with a second DWI in Texas can apply for probation or community supervision, as referred to in the Lone Star state.
If you are interested in applying for probation for a second DWI in Texas, you must be aware of the following details:
- Anyone sentenced to probation for a DWI in Texas is ineligible to petition for early termination. Further, 24 months is the maximum probation period for a second DWI.
- A second DWI conviction will remain on your permanent record regardless of probation. Repeat DWI offenders are ineligible for Deferred Adjudication. In Texas, if you are accused of a DWI, there are only three possible outcomes: Dismissal, conviction, or acquittal.
The criminal process is complicated. Consult with a knowledgeable attorney for more information about your case and the charges against you.
How to get a 2nd DWI reduced in Texas
If you are stopped for a DWI in Texas, law enforcement may issue certain tests: field sobriety, breathalyzer, or blood test.
How you react when police stop you for DWI can majorly impact your case. If given the opportunity, agree to a breathalyzer test — not a blood test.
Breathalyzers are well-known to be much less accurate than blood tests, and juries often dispute the results.
Next, cooperate with police to avoid a Resisting Arrest charge, but speak as little as possible — lest you make any incriminating statements. Also, it is better not to perform standard field sobriety tests.
Instead, invoke your Fifth Amendment right and politely ask to speak with your San Antonio DWI lawyer as soon as possible.
Defense Strategies for Second DWI Charges in Texas
Facing a second DWI charge in Texas presents unique challenges and complexities, not the least of which is the heightened scrutiny and more severe penalties compared to first-time offenses.
However, an experienced San Antonio DWI lawyer can use advanced trial strategies designed to effectively navigate these challenges.
While deferred adjudication may be off the table for those with a prior DWI, several potent defense avenues could be options.
Plea Bargaining: Beyond the Basics
Plea bargaining remains a crucial tool in the defense arsenal for second-time offenders. A skilled defense lawyer can negotiate reduced charges or work towards penalties at the lower end of the sentencing spectrum.
Proactive rehabilitation measures, such as voluntarily undergoing alcohol and drug treatment or education programs before court proceedings, can have a large impact on case results.
These actions can demonstrate to the prosecution and court a commitment to change, potentially influencing offered plea deal terms.
Getting evidence suppressed through a motion to suppress is another option.
Identifying procedural errors or constitutional violations that could lead to excluding incriminating evidence could weaken the prosecution’s case and improve leverage in plea negotiations.
Constitutional Protections and Chemical Test Scrutiny
Even repeat DWI defendants retain fundamental constitutional protections during their arrest and trial processes.
Defense strategies might focus on challenging the legality of traffic stops, arrests, and searches of your vehicle or blood.
Even as a second-time defendant, your rights against unreasonable searches and seizures remain intact, and any breach could invalidate key evidence.
Attacking the reliability and accuracy of breathalyzer, blood, or urine test results. Defense attorneys might question:
- The certification and operation of testing devices,
- The maintenance of testing devices;
- The training and conduct of officers administering tests,
- Any irregularities that took place around the time the defendant’s individual sample was tested that may have impacted equipment reliability; or
- The handling and analysis of biological samples.
Your DWI lawyer in San Antonio will explain whether one of these defenses or challenges applies in your case.
Chain of Custody and the Power of Cross-Examination
A critical yet often overlooked aspect of DWI defense is the chain of custody for chemical samples.
From collection to courtroom, any misstep in how evidence is stored, documented, or handled can compromise its integrity and offer grounds for exclusion.
Your attorney might expose flaws in the chain of custody. Demonstrating lapses in the evidence’s chain of custody can render it inadmissible, significantly weakening the prosecution’s case.
Deploying forensic experts to testify about possible inaccuracies in the chemical testing process and highlighting these issues during cross-examination can cast doubt on the evidence’s reliability.
The Wider Impact of a Second DWI Conviction in Texas
While fines and potential jail time are the most immediate concerns for those facing a second DWI conviction in Texas, the repercussions extend far beyond these penalties, affecting various aspects of your life.
Understanding these additional consequences is crucial for anyone navigating the complexities of a second DWI charge.
Mandatory Installation of an Ignition Interlock Device (IID)
A significant consequence for individuals convicted of a second DWI is the court-ordered installation of an ignition interlock device (IID) on their vehicle.
This device requires the driver to perform a breathalyzer test to confirm their sobriety before the vehicle can start.
The requirement to use an IID could last up to two years. It is a daily inconvenience and a financial burden due to the costs associated with its installation, regular inspections, and maintenance.
Extended Driver’s License Suspension
A second DWI can result in a substantial suspension of the driver’s license for up to two years.
This prolonged suspension period can profoundly impact one’s employability, social engagements, and overall mobility.
While obtaining an occupational license for essential purposes like work or school might be possible, any vehicle operated by the defendant during this time must be equipped with an IID.
Soaring Auto Insurance Rates
Another often overlooked consequence of a second DWI conviction is the dramatic increase in auto insurance premiums due a DWI conviction or the need for SR-22 insurance.
Policies designed for high-risk drivers can cost double or more than standard auto insurance rates.
The requirement for SR-22 insurance signifies increased financial strain and marks the individual driver as a high-risk driver to insurance companies. To use an occupational license in Texas, you must have SR-22 insurance.
Additional Financial Strains
The financial implications of a second DWI conviction go beyond fines and legal fees.
Defendants must navigate the costs of IID installation and maintenance, increased insurance premiums, and potential license reinstatement fees. Together, these expenses can amount to a significant financial burden.
Why Choose Austin Hagee Law Firm, PLLC for Your Second DWI Defense
Facing a second DWI charge in San Antonio comes with daunting challenges and potentially severe consequences.
The stakes are incredibly high, with the possibility of substantial fines, extended license suspensions, and even incarceration. Without proper counsel, you could lose your job, reputation—even your freedom.
That’s why hiring the best DWI attorney in San Antonio you can is crucial. As former felony prosecutors and district attorneys, our unique perspective allows us to anticipate and counter the prosecution’s tactics effectively, giving you a significant advantage in your defense.
More than that, we have a track record of success with DWI cases both pretrial and at trial.
Our attorneys have secured dismissals for our clients at every case stage including pretrial, by motion to suppress, and through trial.
At Austin Hagee Law Firm, PLLC, we work tirelessly to protect the rights and future of Texans accused of driving while intoxicated.
Let us use our knowledge and skills to help you fight back and bring a strong defense. Contact us today to share your story.