When you are arrested for a second time for driving while intoxicated (DWI) in Texas, the courts are ready to do their best to ensure your alleged habitual offenses stop here. If convicted, you face serious penalties that will impact your life much more than the ones you received after your first DWI. Here is how to handle a second DWI charge in Texas.
Enlist the Help of an Attorney as Early in Your Case as Possible
The first thing you will likely want to do after getting arrested for DWI the second time in Texas is to enlist the help of an attorney who handles this type of charge regularly. At the Law Offices of Randall B. Isenberg, our team can go to work on your case right away. Call us at 214-696-9253 today.
If you do not yet face charges, we may be able to uncover evidence to prevent them from filing charges or to convince them reduced charges are more fitting. Even if this is not possible based on the facts of your case, we can represent you throughout the criminal justice process. We will investigate the circumstances that led to your arrest and develop a defense strategy to minimize the impact of your charges on your everyday life.
Penalties Associated with a Second DWI Conviction in Texas
The consequences of a second DWI conviction are much tougher than the sentence you likely experienced with your first DWI. They will charge your second DWI offense as a Class A misdemeanor. The penalties of a second DWI conviction are:
- A fine of up to $4,000
- A jail sentence of 30 days to 1 year
- A driver’s license suspension from 180 days to 2 years.
You will serve a minimum of 72 hours in jail if convicted. There is no minimum jail time for a first offense DWI in Texas. While we may be able to work this out so that it does not interfere with work or school, other penalties could cause problems.
You will likely lose your driver’s license for as long as two years, with no occupational license available to you during some of this time. The court will also order you to install an ignition interlock device on any car you drive before your case goes to trial and during your driver’s license suspension and probation if convicted.
Once you get your license back, you will likely need to pay a surcharge for several years.
Let Our Team Handle Your Second DWI Charge
When we go to work on your case, we will investigate what happened and the circumstances that led to your arrest. As a part of this investigation, we will collect as much evidence as possible to show that you were not intoxicated, that police did not have a valid reason to stop you, or that they violated your rights in some other way.
We will use what we uncover while investigating your case to determine the best approach for a favorable outcome and use the facts of what happened to support the defense strategy we put in place.
Attorney Randall Isenberg has more than three decades of experience and is a former prosecutor and a former state district judge. He knows what it takes to prove this type of case and can use that knowledge to help you.
Possible Outcomes of Your Second DWI Charge in Texas
Second DWI cases are not much different from your first case as far as how they proceed, what to expect, and the possible outcomes. You have been through this process before so you may be less apprehensive this time — or your stress level could be higher because you face additional consequences if convicted.
There are generally four things that could happen in your second DWI case. They include:
We Get the Case Dismissed
We present evidence to the prosecution and the judge to show there is little merit to the case against you, or that certain evidence is inadmissible, and the state or the court may drop the charges against you.
We Get Your Charges Reduced
In some cases, we may be able to negotiate a plea deal that calls for you to enter a guilty plea to a lesser charge such as public intoxication or reckless driving. Conviction of a reduced charge means reduced penalties and no second DWI conviction.
Taking Your Case to Trial
If we have evidence that could help clear your name, but we were not able to get the charges dismissed, taking your case in front of a jury may be the best option. A second-offense DWI lawyer can advise you if going to trial is a good choice in your case or if there is a better strategy.
Entering a Guilty Plea
In some cases, entering a guilty plea may help bring about the most favorable outcome possible. If the state has a strong case against you, you can admit guilt and let us present strong evidence to show why you deserve a lenient sentence. While there is minimum jail time for a second DWI conviction, it may be possible to get the rest of your sentence probated.
Talk to a Second Offense DWI Attorney in Texas About Your Case
At the Law Offices of Randall B. Isenberg, attorney Randall Isenberg knows how to develop a strong defense strategy based on the facts of your case. We will help you fight for your future. Call us today at 214-696-9253 to get started.
