Texas takes a tough stance on drunk driving, particularly for repeat offenders. A second offense DWI will put you behind bars, potentially for a year. You will also face a substantial fine and lose your driver’s license, potentially for as long as two years. Once you have a DWI conviction on your record, you cannot afford a subsequent conviction. Talking to a second offense DWI lawyer in McKinney will help you understand the implications of the charges you face. It will also give you the opportunity to review your options, so you can make the right choice for yourself, your family, and your future.
At the Law Offices of Randall B. Isenberg, our criminal defense team understands the importance of exploring all potential options that could help you avoid another drunk driving conviction.
Call us today at (214) 800-5859 to learn how we can help you.
How Much Jail Time Will You Get for a Second Offense DWI?
The Texas Penal Code allows some first-time drunk driving offenders to avoid jail time, depending on the circumstances of the case and the benevolence of the prosecutor.
Commit a second-offense DWI, however, and you may not be so lucky.
For a basic second-offense DWI — meaning your blood alcohol concentration (BAC) was under 0.15, and you had no aggravating circumstances associated with your violation — you will face Class A misdemeanor charges.
Under state law, a Class A misdemeanor conviction carries fines of up to $4,000 and between 30 days to one year in jail, with a mandatory jail sentence of 72 hours.
You will lose your driver’s license for as long as two years. To restore your license, you must pay a fee. You must also pay a substantial yearly fee for several years to keep your license active.
In addition, the court may impose supervised probation, hours of community service, alcohol abuse counseling, or even rehab—all of which you must pay for. The judge may also require that you install ignition interlock devices on all of your vehicles.
How Can a Second Offense DWI Lawyer Help Your Case?
When facing a second offense DWI charge, a criminal defense lawyer can help you explore your options and understand your legal rights. In fact, you should never provide a statement to the police or enter a plea until you consult with a lawyer.
In McKinney, Attorney Randy Isenberg, of the Law Offices of Randall B. Isenberg, provides aggressive representation for clients accused of repeat drunk driving offenses.
Our legal team will analyze the details of your case to determine the most appropriate legal defense strategies for you. We know that, even if the prosecutor has BAC testing results that appear to substantiate your guilt, a conviction is never inevitable.
To obtain a conviction, the prosecutor must prove that you met the legal standard for intoxication at the time you drove your car. The Texas Department of Public Safety (TxDPS) imposes standards governing testing for BAC. If the breathalyzer and blood testing procedures used in your case failed to meet these stringent standards, we can use this argument to bolster your defense.
We may also have reason to argue that the police lacked reasonable suspicion to pull you over for DWI, or that they failed to establish probable cause to place you under arrest. National Highway Traffic Safety Administration (NHTSA) standards for field sobriety testing dictate the procedures and equipment that officers must use. If the police violated any of these standards in your case, our legal team can use this to your advantage.
Any problems or weaknesses that our legal team identifies will allow us to negotiate with the prosecutor for reduced charges or, potentially, the dismissal of your case. If we must go to court to defend you, we can use these strategies to build the strongest possible defense.
Throughout the process, we will protect your legal rights and help ensure the best possible outcome for you.
How Does a Second Offense DWI Conviction Affect Your Driver’s License?
As you likely recall from your first drunk driving case, you must attend a separate proceeding to determine what happens to your driver’s license.
The TxDPS conducts the Administrative License Revocation (ALR) process. During your ALR suspended license hearing, an administrative law judge will use evidence to determine the length of your driver’s license suspension.
At the time of your arrest for drunk driving, the police will take your license and issue you a temporary permit to drive. Within 15 days of your arrest, you must schedule your ALR hearing; otherwise, TxDPS will automatically revoke your license.
At the ALR hearing, you and the arresting officer will give sworn testimony. It is important to note that the prosecutor can use any testimony you provide against you in your criminal case. However, the officer’s testimony may offer insight into the strength of the prosecution’s evidence against you.
As for your driving privileges, you stand to lose your license for two years for a second offense DWI.
For these reasons, you should consider the importance of having legal representation. If the judge elects to suspend your license, our legal team can appeal the suspension or, as an alternative, petition the court to grant you an occupational license. An occupational license will allow you to drive to work, to school, and to complete necessary errands.
Consult a Second Offense DWI Lawyer in McKinney for Free.
Before you make any decisions about your pending charges, take the time to talk to a second offense DWI lawyer about your case.
To help our clients understand the implications of this serious offense, the Law Offices of Randall B. Isenberg offers no-cost, no-obligation consultations. We will take the time to answer your questions and tell you more about how we may be able to help you.
Contact us today at (214) 800-5859 to schedule your complimentary case review.
