Arrest due to a second offense DWI can affect your future in several ways. It is essential to understand Section 49.09 (a) of the Texas Penal Code, which defines the potential consequences of a second DWI charge. If you find yourself in this situation, do not panic; speak with a Mesquite second offense DWI lawyer. Call the Law Offices of Randall B. Isenberg at (214) 696-9253 for legal assistance.
Understanding the Punishments You Can Expect for a Second DWI in Texas
When penalizing offenders for a second DWI, Texas does not consider the number of years between your first and second DWI offense. For example, if your first conviction occurred when you were 20 years old, and the second offense happens at the age of 50, the intoxicated driving statutes consider it as a second DWI.
This is unlike other crimes whereby your history of breaking the law may not be included as evidence. As a result, the second DWI trial involves the first one, meaning that the jury can view you as someone with a habit of driving under the influence of alcohol or drugs. Therefore, the court may be hard on you as a repeat offender, especially when you consider the many deaths and severe injuries occurring every year in the US due to intoxicated driving.
According to the Texas Department of Public Safety (DPS), possible second DWI punishments may include:
- Class A Misdemeanor conviction
- Fines of up to $4,000
- Jail time ranging from 30 days to one year
- Suspension of license for 180 days to two years
Apart from the above consequences, the charges can also involve other penalties outside the court. A second offense DWI can lead to job loss after license suspension, and your auto insurer can drop your policy.
Whether the conviction is through a guilty plea or a jury decision, it becomes permanent on your record. Another arrest due to driving while intoxicated will be a third charge, which is a felony. Additionally, after the suspension period for your driver’s license, a surcharge fee of up to $2,000 is applied each year. The offense can also mean paying increased rates for your auto insurance.
If you are in this situation, a Mesquite second offense DWI lawyer can use their skills and knowledge to challenge the evidence. Do not hesitate to talk to the Law Offices of Randall B. Isenberg at (214) 696-9253 for more information regarding your case.
How Long a Second DWI Jail Term May Be
The Texas Department of Transportation reports that a second DWI offense could result in one month to a year in jail. Many offenders in Texas qualify for probation, meaning they may not serve jail time. Getting a second DWI during probation can complicate your situation, as it can lead to a revocation of probation—additionally, you may be convicted of other additional offenses.
In Texas, when you commit the crime with a minor passenger, the situation can have several consequences that may include:
- Fines that can amount to $10,000
- Jail time of up to two years
- Installation of an ignition interlock device that requires you to measure your blood alcohol concentration before starting your vehicle
Insight into Second DWI Offense Defense
A lawyer can argue that the officer who arrested you violated your constitutional rights when stopping you or failed to administer proper tests. The prosecutor may drop the charges if your attorney finds that this is the case and the police suppressed evidence.
At the Law Offices of Randall B. Isenberg, we can review the prosecutor’s evidence against you and identify the weak points or potential problems involving the case. Besides, we will help you to understand the possible defenses. We will guide you through your options.
How a Lawyer Can Help
When you are arrested for a second DWI offense, you may not know where to start. Since this conviction can impact your life in the long-term, you will need the services of a lawyer to protect your rights and future interests.
At the Law Offices of Randall B. Isenberg, our team of lawyers is ready to defend your case when you face various charges, including:
- Minor in possession
- Public intoxication
- Intoxication assault
- Intoxicated driving 2nd phase
- Felony DWI
A lawyer in this field can help you to avoid severe consequences of a second offense DWI, like jail time or harsh fines. We understand that you deserve fair treatment by the judicial system. We aim to ensure justice prevails. Our legal team will evaluate all the available options and advise you.
Get Legal Help Today
Have you been arrested for a second offense DWI? While it can be a scary and challenging experience, hiring an attorney may bring you peace of mind. A Mesquite second offense DWI lawyer will thoroughly examine the evidence against you before helping you find a way forward.
For a consultation, call the Law Offices of Randall B. Isenberg at (214) 696-9253 today. Call our team today so we can get started. If you have any questions, we can walk you through the process of what to expect from the legal process.
Managing partner Attorney Isenberg spent his career as a prosecutor and district judge. His current role as a criminal defense attorney allows him to fight for Texans’ rights and for justice. You do not need to fight alone. We are on your side.
