The meaning of “DWI 2nd,” could refer to a second driving while intoxicated (DWI) offense. The consequences of being convicted of a DWI for the second time are generally more serious than a first time DWI offense in the state of Texas.
If you are facing a “DWI 2nd,” or a second DWI conviction, then you may find value in the services that a lawyer can provide.
What a DWI 2nd Could Mean For You
Under §49.04(b) of the Texas Penal Code, a first-time DWI conviction is generally classified as a Class B misdemeanor. However, the Texas Penal Code goes onto say that if you are convicted of a DWI a second time, your charge could be upgraded to a Class A misdemeanor. This is also the case if the results of a breathalyzer or blood test show your blood alcohol concentration (BAC) level to be higher than .15%.
According to the Texas Department of Transportation, if this is your second DWI charge, you could be facing:
- A fine no more than $4,000
- Anywhere from one month to a year in jail
- The loss of your driver’s license for up to two years
- The installation of a special ignition switch in your vehicle, which prevents your car from starting if alcohol is traced on your breath
Additional penalties may apply, based on the details of your situation. You could be facing higher fines than the ones we have listed here.
According to the Texas Department of Public Safety (TxDPS), you may also be subject to:
- A mandatory alcohol education course
- Probation for a predetermined period
- Special insurance-related considerations
Only the outcome of a plea deal or court ruling can provide guidance to what consequences you could face.
Co-Occurring Offenses That Can Impact Your Case
Various aggravating factors could have an impact on the gravity of your case and the charges against you. For example, if you were driving a vehicle with minor children in the car, you could be facing charges of child endangerment. If you were pulled over by a police officer and they found drugs in the vehicle, you could be facing charges of drug possession and intent to sell. These situations can turn your misdemeanor charge into a felony.
The Texas Politics Project outlines the degree of a crime along with its possible penalties.
For a first-degree felony conviction, you may face:
- Up to 99 years in prison
- A $10,000 fine
For a second-degree felony conviction, you may face:
- Up to 20 years in prison
- A $10,000 fine
For a third-degree felony, you may face:
- Up to 10 years in prison
- A $10,000 fine
For a state jail felony, you may face:
- Up to 2 years in a state jail
- A $10,000 fine
A second DWI conviction––or DWI 2nd––could have far-reaching implications on both your personal and professional life.
How a Second DWI Conviction Could Impact Your Life
Beyond the legal consequences of a second DWI conviction, you may find that having two DWI convictions on your criminal record follows you forever, even once you have served your time. If you are tried and convicted of a DWI, whether it is your first or second offense, your criminal record can never be sealed. That means that your charge will be present on background checks, regardless of how much time has passed since your conviction.
You may find that your criminal record impacts:
- Employers’ perception of your judgment, which may make them reticent to give you a job
- Your creditworthiness, which could be a strike against you when you attempt to obtain a mortgage or other forms of credit
- Your ability to be approved for housing, whether you are a renter or a buyer
- Your insurance rates, particularly when it comes to coverage for your vehicle
To promote your future and wellbeing, you may want to speak with a lawyer about how to fight your pending second DWI charge.
Call the Law Offices of Randall B. Isenberg Today
When facing a 2nd DWI charge, one of your first thoughts should be regarding legal representation. At the Law Offices of Randall B. Isenberg, we offer aid to defendants who are facing criminal charges.
When you work with a lawyer from our team, they can:
- Begin formulating a defense against your pending DWI charge
- Negotiate for a plea deal with the prosecutor, if possible
- Review the evidence against you
- Advise you on your legal options
Call our team at the Law Offices of Randall B. Isenberg today at (214) 696-9253 to learn how we can advocate for your rights.