Texas drunk driving laws are some of the harshest in the United States. In Fort Worth, a second offense DWI charge carries much higher fines and more time behind bars than a first conviction. You will also lose your license for an extended period. And, of course, your permanent criminal record will reflect your status as a repeat offender.
Protecting your legal rights is more important now than ever before. Seeking the services of a second offense DWI lawyer in Fort Worth can be the best way to ensure that you understand all your options and that you make the right choices for your future. Your attorney at the Law Offices of Randall B. Isenberg will help protect your legal rights and build a strong defense on your behalf.
Call us today for a free consultation: 214-696-9253.
What are the penalties for a second DWI in Texas?
While facing charges for a second drunk driving offense, you may recall how severe the penalties were for your first conviction.
While a first DWI in Texas carries Class B misdemeanor charges, a second offense carries Class A misdemeanor charges, which essentially doubles the penalties that accompany a conviction. Texas DWI penalties have no look-back period, so these charges will apply no matter how long ago your first offense DWI took place.
Consult the table below to compare the penalties for a first and second DWI conviction.
| Offense | Penalties |
| First Offense (blood alcohol content [BAC] of 0.08 to 0.149) | · 3 days to 6 months in jail
· Up to $2,000 in fines · Driver’s license suspension of 90 days to a year |
| Second Offense (BAC of 0.08 to 0.149) | · 30 days to 1 year in jail
· Up to $4,000 in fines · Driver’s license suspension of 6 months to 2 years |
| First Offense (BAC of more than 0.15) | · 30 days to 1 year in jail
· Up to $4,000 in fines · Minimum driver’s license suspension of 1 year · Installation of an ignition interlock device for 1 year |
| Second Offense (BAC of more than 0.15) | · 30 days to 1 year in jail
· Up to $4,000 in fines · Minimum driver’s license suspension of 1 year · Installation of an ignition interlock device for 1 year |
If any aggravating factors (e.g., you caused an accident and someone was injured) apply, the prosecutor may elect to pursue felony charges in your case.
Can I keep my driver’s license after a second DWI in Texas?
Just like your first DWI, your second drunk driving charge will involve the administrative suspension of your driver’s license by the Texas Department of Public Safety (TxDPS). This is a civil action that proceeds independently from your court case, through the Administrative License Revocation (ALR) hearing process.
At the time of your arrest, an officer will take your license. Within 15 days, you or your DWI lawyer must request an ALR hearing. This hearing will provide your attorney with the opportunity to review the prosecution’s evidence against you. Your attorney will also likely have the chance to question the officer who arrested you.
This insight is critical for building your case and for helping you choose the best course of action in your criminal case.
What are my legal options for a second offense DWI?
Similar to your first drunk driving conviction, you can choose to plead guilty or elect to fight the charges filed against you. Because a second Texas DWI conviction carries significantly more serious consequences, however, your choices will have a strong negative effect for the rest of your life.
A Fort Worth second offense DWI lawyer can help you understand your options and how each one may affect your future. You have three options, aside from pleading guilty:
Case dismissal: This is our goal, as it guarantees that you will avoid having a second DWI conviction on your record. We will pursue this option first.
Accept a plea bargain: Although this option is less desirable than a dismissal of the charges pending against you, it is preferable to a guilty plea for most second offense DWI clients. If we believe that the evidence against will stand up in court, we might decide that negotiating for a lesser charge in exchange for your guilty plea will be the best option.
Go to trial: If we cannot negotiate for a lesser charge, you can pursue your case in court. To improve your chances at trial, your lawyer must assemble as much evidence as possible to build your case.
How can a second offense DWI attorney help you?
A Dallas-Fort Worth DWI attorney can provide invaluable support and help protect your legal rights in every aspect of the process. More importantly, your lawyer can identify potential weaknesses in the prosecutor’s case against you.
For example, if the arresting officer lacked probable cause for stopping you or failed to follow National Highway Traffic Safety Administration (NHTSA) protocol in the administration of field sobriety tests, the resulting evidence may be inadmissible in court.
If blood or breath testing in your case did not follow the required testing procedures from NHTSA or Texas BAC testing regulations, or if the technician lacked proper certification, that evidence may be invalid as well.
Contact a Fort Worth second offense DWI lawyer now.
A repeat drunk driving conviction can disrupt your life and derail your future. In Fort Worth, the Law Offices of Randall B. Isenberg offers free case reviews for repeat drunk driving charges. Contact our office today to schedule your consultation with a second offense DWI lawyer in Fort Worth: 214-696-9253.
