An Accomplished 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 2nd DWI 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.
Most people understand what a DWI is. However, you may not know that each subsequent DWI 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 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 seek our counsel.
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.
- 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.
- 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.
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.
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 multiple DWIs is much more severe.
If you are arrested for a second DWI in San Antonio, cooperate with the police. Then, 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
- Up to 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
- 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 3 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, but speak as little as possible — lest you make any incriminating statements.
Instead, invoke your Fifth Amendment right and politely ask to speak with your defense attorney as soon as possible.
Hire a 2nd DWI defense lawyer in Texas
A second DWI is very serious. Without proper counsel, you could lose your job, reputation — even your freedom.
At Austin Hagee Law Firm, PLLC, we work tirelessly to protect the rights and future of Texans accused of driving while intoxicated.
Our skilled legal team is ready to take your case if you face charges for a first, second, or third DWI. As former prosecutors, we deeply understand the criminal justice system. Let us use our knowledge and skill to help you fight back.