Your second DWI conviction means mandatory jail time, a significant fine, and the suspension of your driver’s license for up to two years. You will also have a permanent criminal record as a repeat offender. While you may have been able to accept your fate on the first offense DWI charge, you cannot afford to do so this time.
A second offense DWI lawyer in Plano can help protect your legal rights and fight for your future. By helping you understand your options and building a strong case for your defense, the Law Offices of Randall B. Isenberg can work to ensure the best possible outcome for you.
Give us a call today: 214-696-9253.
What are the penalties for a second offense DWI in Plano?
Depending on the outcome of your case, you may have gotten out of your first DWI conviction without jail time or a lengthy suspension of your driver’s license.
That is not likely to happen the second time around.
In Texas, a first offense DWI is a Class B misdemeanor. A second offense DWI is a Class A misdemeanor, which carries much harsher penalties.
If your blood alcohol concentration (BAC) was between 0.08 and 0.149, penalties may include:
- Jail time of 30 days to 1 year
- Monetary fine up to $4,000
- Driver’s license suspension of 6 months to 2 years
- Probation
- Community service
- Substance abuse counseling/rehab
- Alcohol awareness driving course
- Ignition interlock device
If the Texas Department of Public Safety (TxDPS) previously suspended your license for DWI, you are not eligible for an occupational driver’s license for 90 days. Restoring your driver’s license (when you do become eligible) costs up to $2,000 per year for three years. You must also install an ignition interlock device on any vehicle that you own.
How should I plead to a second offense DWI?
How you plead depends on the circumstances of your case; however, because the potential penalties are so severe, you should never enter a plea for a repeat offense DWI without consulting an attorney.
Remember that even a seemingly incriminating BAC test result is not a conviction. Randall B. Isenberg can evaluate the evidence in your case and identify potential areas to challenge. We can explain your options and help you consider the potential consequences of each one.
Typically, your options include the following.
Guilty Plea
Pleading guilty puts you at the mercy of the court for sentencing, and ensures you a permanent record as a repeat offender.
Plea Bargain
If your lawyer can identify potential holes in the prosecution’s case, the prosecutor may consider reduced charges in exchange for a guilty plea.
Go to Court
If the prosecutor does not consider reduced charges, going to court may provide the best opportunity for resolution.
Dismissal of Charges
Your attorney will push hard for this option throughout the process, whenever possible, as it is the best possible outcome for your case.
How do I get my driver’s license back after a second offense DWI?
Every Texas DWI case involves two different proceedings — one criminal and one civil. Neither has any effect on the other.
TxDPS conducts the civil proceeding known as the Administrative License Revocation (ALR) hearing process. It begins at the time of your traffic stop when a police officer confiscates your driver’s license and issues you a temporary driving permit.
You or your attorney must request an ALR hearing in writing, within 15 days of your arrest. If you do not request or appear for your hearing, TxDPS will suspend your license.
When you appear for your ALR hearing, having your DWI lawyer with you is important. You will likely need to testify under oath, which means the prosecution can — and will — use any statements you make against you in your criminal case.
However, the arresting officer in your case will also appear and testify under oath. This provides your attorney with the opportunity to question the officer on the stand, to learn more about the facts of your DWI stop and arrest.
This provides key insights that can help your attorney build a case in your defense, should your case proceed to court.
What can a second offense DWI lawyer do for me?
A DWI DUI Criminal Defense Lawyer in Plano can provide a critical level of support and counsel. An attorney can also protect and preserve your legal rights throughout your drunk driving case.
A local DWI attorney brings knowledge of the law and familiarity with the Plano court system. By exploring the evidence in your case, your lawyer can identify areas of weakness that open the door to defending you in court. And because Randall has experience as a judge, felony prosecutor, and a defense attorney, he has intimate knowledge of what to look for.
Some potential areas of argument include the following:
The Elements of Texas DWI
The prosecution must prove that you violated the Texas DWI statute, consisting of three elements: that you were intoxicated by legal definition; that you were operating a motor vehicle while intoxicated; and that you were doing so in a public place.
We might argue that while you were intoxicated, you were not operating a vehicle, or that you were in a public place but you were not intoxicated.
Probable Cause
The police officer who made your traffic stop must have had a reasonable suspicion that you were intoxicated. To arrest you and request chemical BAC testing, the officer must have had probable cause. The officer must establish probable cause within the guidelines established by National Highway Traffic Safety Administration (NHTSA) for field sobriety testing or portable roadside breath testing.
Chemical BAC Evidence
Officers must have obtained and processed the evidence provided by chemical testing (typically breath or blood) in accordance with the NHTSA testing procedures as well as the Texas BAC testing requirements.
Using these or other defense arguments, your attorney can potentially negotiate with the prosecutor or the judge for a reduction or dismissal of your charges.
Contact a Plano second offense DWI lawyer now.
A second offense DWI conviction can significantly impact your life. Trust a local drunk driving lawyer to assist you at this challenging time.
The Law Offices of Randall B. Isenberg provides free consultations and case reviews for Texas DWI charges. Contact us today to speak to a second offense DWI lawyer in Plano: 214-696-9253.
