A second DWI charge in Texas is no small matter. The state imposes significantly harsher penalties for repeat offenders compared to first-time DWI charges. If you’re facing a second DWI in Texas, understanding the potential consequences and your legal options can help you make your next move and better protect your future.
Whether it’s mandatory jail time, hefty fines, or a permanent record, the stakes are high — and so is the need for experienced legal defense.
Javier Guzman of Guzman Law Firm is here to help you fight for your rights and achieve the best possible outcome using defenses like challenging the validity of the traffic stop, questioning the accuracy of breath or blood tests, or proving procedural errors during your arrest. Contact us online or call (956) 516-7198 today to start building your defense.
What happens when you get a second DWI in Texas?
Facing a second DWI charge in Texas means encountering significantly harsher penalties than those for a first-time offense. This isn’t just about facing steeper fines or longer jail sentences; it’s also about enduring more severe restrictions on your daily life.
First vs second DWI penalties in Texas
DWI penalties in Texas for a second, as opposed to a first DWI offense, are quite a bit more severe. Both offenses may result in additional consequences, such as increased insurance premiums, community service requirements, and the creation of a permanent criminal record; but repeat offenses bring harsher penalties and greater long-term impacts:
| Category | First DWI in Texas | Second DWI in Texas |
| Classification | Class B misdemeanor (Class A if BAC ≥ 0.15%) | Class A misdemeanor |
| Fines | Up to $2,000 (Up to $4,000 if BAC ≥ 0.15%) | Up to $4,000 |
| Jail Time | 72 hours to 180 days (Up to 1 year if BAC ≥ 0.15%) | 30 days to 1 year |
| License Suspension | 90 days to 1 year | 180 days to 2 years |
| DWI Education Program | Mandatory alcohol education course | Mandatory, more intensive alcohol education program |
| Ignition Interlock Device (IID) | Required for BAC ≥ 0.15% or as a probation condition | Mandatory as a condition of bond or probation |
| Annual License Surcharge | $3,000 over three years | $4,500 over three years |
Beyond the harsh penalties you’ll face in court, you’re unlikely to get preferential treatment or be granted a light sentence from a judge or jury. While a first-time DWI is seen in the eyes of the court as a mistake to be avoided in the future, a second DWI establishes a pattern of behavior. This is why it is even more essential that you have an experienced attorney in your corner when you’re fighting a second DWI charge.
ALR hearings in DWI cases
One critical aspect of the DWI conviction process is the Administrative License Revocation (ALR) hearing. What is an ALR hearing? After your arrest, you only have 15 days to request this hearing to contest the suspension of your driver’s license. Failing to act within this timeframe will result in an automatic suspension 40 days after your arrest.
Is jail time mandatory for a second DWI in Texas?
Yes, jail time is mandatory for a second DWI conviction in Texas. The state’s legal framework for repeat offenders is designed to deter repeat violations by imposing more stringent penalties.
Under Texas law, even if you receive probation, you are required to serve a minimum of three days (72 hours) in jail. You could do even more time than this, however, as the sentencing range for a second DWI extends from one month to one year in county jail. The exact duration depends on the specifics of your case, such as your blood alcohol concentration (BAC) at the time of arrest and whether there were aggravating factors like reckless driving or endangering a child.
Aggravating factors that impact jail time:
Certain conditions can lead to harsher penalties or elevate the charge to a felony, including:
- A BAC level over 0.15
- Driving with a minor under the age of 15 in the vehicle
- Causing an accident resulting in serious injury or death
So, can you receive a second DWI in Texas with no jail time attached? No. Given these stakes, having a skilled DWI defense attorney is crucial to minimizing the impact of these penalties on your life.
Is a second DWI a felony in Texas?
A second DWI in Texas is typically charged as a Class A misdemeanor, but certain factors can elevate it to a felony.
When does a second DWI become a felony?
Is drunk driving a felony? Well, while most second DWI offenses remain misdemeanors, aggravating circumstances can escalate the charge to a felony. Ways that a second DWI can become a felony include:
- Intoxication assault: Causing serious bodily injury while driving under the influence.
- Intoxication manslaughter: Causing the death of another person due to intoxicated driving.
- Child endangerment: Driving under the influence with a passenger under the age of 15.
Consequences of a felony conviction
A felony conviction for a DWI can result in:
- Lengthy prison sentences: Ranging from 2 to 20 years depending on the severity of the case.
- Permanent criminal record: A felony DWI will follow you for life, affecting your ability to find employment, housing, and more.
- Loss of civil rights: Including the right to vote and own firearms.
This underscores the importance of building a robust legal defense to either reduce the charges or avoid a conviction altogether.
How to get a second DWI charge reduced in Texas
While a second DWI charge in Texas carries serious consequences, it’s not always an open-and-shut case. With the right legal strategy, it’s possible to have your charges reduced or even dismissed.
A skilled DWI defense attorney will explore every possible avenue to weaken the prosecution’s case. Common DWI defense strategies include:
1. Lack of reasonable suspicion for the stop
If the officer lacked reasonable suspicion to justify pulling you over, the stop itself may be unlawful. Law enforcement must have a valid reason, such as erratic driving or a traffic violation, to initiate a stop
If your attorney can demonstrate that no such reason existed, any evidence gathered during the stop, such as the results of field sobriety tests or breathalyzers, could be ruled inadmissible in court, significantly weakening the prosecution’s case.
2. Errors in field sobriety tests
Field sobriety tests, such as the walk-and-turn or horizontal gaze nystagmus tests, are highly subjective and prone to human error. Environmental factors like uneven ground, poor lighting, or adverse weather conditions can skew the results. Additionally, individual physical or medical conditions, such as balance issues or nervousness, may lead to unfair assessments.
A skilled attorney can challenge the reliability of these tests, arguing they do not accurately indicate intoxication.
3. Inaccuracies in breathalyzer and blood alcohol test results
Breathalyzers and blood tests are not infallible and often produce inaccurate results for various reasons. Improper calibration or maintenance of the device, mishandling of blood samples, or delays in testing can all compromise accuracy. Furthermore, certain medical conditions, such as diabetes or acid reflux, can mimic signs of intoxication.
Your lawyer could use these factors to question the validity of chemical test results and seek their exclusion from evidence.
4. Procedural errors during arrest or testing
Law enforcement officers must adhere to strict protocols when conducting DWI stops, arrests, and testing. Any deviation from these procedures, such as failure to read Miranda rights, mishandling evidence, or not obtaining proper consent for a blood test, could violate your constitutional rights.
Your attorney could argue that these procedural errors undermine the integrity of the case, potentially leading to the suppression of evidence or dismissal of charges.
5. Plea bargains
In some cases, your attorney may negotiate a plea bargain to reduce the charges to a lesser offense, such as reckless driving. This can significantly lessen the penalties and keep a DWI conviction off your record.
Facing a second DWI in Texas? Call Guzman Law Firm for a strong defense.
A second DWI in Texas can have life-altering consequences, from mandatory jail time to long-term effects on your reputation and livelihood. With so much on the line, you need an aggressive and experienced attorney to advocate for your rights.
At Guzman Law Firm, Javier Guzman brings unparalleled experience to DWI defense. By earning the highest level of scientific recognition available for lawyers, Forensic Lawyer-Scientist, he is uniquely qualified to challenge the scientific evidence in your case, giving you a stronger chance of achieving a favorable outcome. From disputing the legality of your arrest to questioning the validity of BAC test results, Guzman Law Firm will leave no stone unturned in building your defense.
Don’t face a second DWI charge alone. Call Guzman Law Firm at (956) 516-7198 or schedule a consultation online today. Together, we’ll fight to protect your rights and your future.
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