DWI in Texas 2nd Offense
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Contact Houston First-Offense DWI Attorney B. Keith Jackson For Steadfast Representation
If you have been arrested for a second DWI offense in Texas, it’s important to know that the stakes are much higher the second time around. Any DWI is severe, but being arrested for a second DWI offense is considered a serious criminal charge under Texas law, and repeat offenders often face harsh penalties, including jail time, fines, and a longer license suspension, even if your first conviction happened years ago.
At B. Keith Jackson, Attorney and Counselor at Law PLLC, our Houston DWI lawyer and trusted legal team understand the strict guidelines surrounding these second DWI cases.
As a dedicated Houston criminal defense lawyer for second offense DWI charges, Attorney Jackson offers a free case evaluation to help you understand your options to start building a strong defense. Please contact us online or call us today at (281) 545-5020.
Laws for DWI in Texas
Under Texas Law, a person can be charged with Driving While Intoxicated (DWI), a class B misdemeanor, if they are caught operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The charge becomes a class A misdemeanor if your BAC is 0.15% or higher or an open container is in immediate possession.
According to the Texas Department of Transportation, a first DWI conviction in Texas often includes penalties such as a driver’s license suspension of up to a year, jail time up to 180 days, and up to a $2,000 fine. The penalties increase sharply for repeat offenders.
The average sentence may vary depending on the case and evidence, but Texas courts impose severe penalties and often make jail time mandatory to discourage drinking and driving. Keep in mind, if you were consuming alcohol earlier in the day, you could still be arrested if your BAC is above 0.08% and you are operating a motor vehicle recklessly.
Working with an experienced Houston DWI defense attorney, like Mr. Jackson, who understands the system, can be crucial for your case if you’re facing second DWI penalties.
DWI Second Offense in Texas
Tex. Penal Code § 49.09(a) states that if you have had a first DWI conviction or related offense within the past 10 years, a second DWI in Texas comes with increased penalties. This includes the charge increasing from a class B misdemeanor to a class A misdemeanor, minimum jail time of 30 days, higher fines, and possibly an ignition interlock device installed in your vehicle. A second DWI arrest is more than just a repeat offense—it becomes an enhanced charge due to your prior DWI conviction.
These second DWI convictions are not limited to just driving while intoxicated. They also include flying while intoxicated, boating while intoxicated, and even operating an amusement park ride while intoxicated. It is important to remember that if your first offense DWI in Texas happened more than 10 years ago, it cannot be used for enhanced penalties, but it will remain on your criminal record.
Police officers often rely on evidence like a breath test or signs the arresting officer observes to support the charge. If the second DWI involves child endangerment, property damage, or an injury (like intoxication assault), the charges are raised to a third degree felony. A second DWI in Texas may also come with strict probation terms, community service hours, and regular check-ins with a probation officer.
If you violate these terms, the court can revoke probation. That’s why it’s crucial to have an experienced Houston DWI defense attorney like Attorney Jackson and his trusted legal team by your side.
Penalties for a Second DWI Offense in Texas
If you’re facing a second DWI conviction, the penalties under Texas law are far more serious than for a first offense. A second DWI charge is classified as a class A misdemeanor, driver’s license suspension of up to two years, the potential for probation revocation if you are already sentenced to probation from a previous offense, and a permanent criminal record.
Sentencing of a second DWI conviction can include community service, loss of driving privileges, and installation of an ignition interlock device on your vehicle. Depending on the details of their second DWI case, offenders may face a jail sentence up to two years and probation.
If you are sentenced to probation and have violated or ignored probation terms according to the probation officer, the court may issue an arrest warrant, making the situation even more complicated.
Can You Receive Mandatory Jail Time for a Second DWI in Texas?
Yes, jail time is mandatory for a 2nd DWI in Texas. According to Texas law, anyone convicted of a second DWI charge must serve a minimum of 30 days in jail. Depending on the circumstances of the second DWI offense, the jail sentence can range from 30 days to a maximum jail sentence of up to two years.
With a 2nd DWI, you may also face a maximum fine of up to $4,000. Aggravating factors, such as having a high blood alcohol concentration, causing an accident, or having a child in the car, can result in a higher charge.
A second DWI conviction almost always includes the requirement of an ignition interlock device, especially if you want to keep any form of restricted driving privileges. B. Keith Jackson, a knowledgeable criminal defense attorney in Houston, is key to navigating these penalties and fighting for the best possible outcome.
What to Do After a DWI Arrest in Texas
If you have been arrested for a DWI, especially if it is a second DWI arrest, contact an experienced DWI attorney as soon as possible. After your arrest, law enforcement officers will begin building a case against you, and time is critical.
Keith Jackson, Attorney and Counselor at Law, can guide you through the complex legal process, including representing you at your ALR (Administrative License Revocation) hearing and helping you avoid unnecessary court costs.
How a Houston DWI Lawyer Can Help
Attorney B. Keith Jackson, a criminal defense lawyer in Houston, TX, can make all the difference when dealing with a 2nd DWI in Texas. He can examine the details of your 2nd DWI conviction, challenge the evidence provided, such as the Blood Alcohol Concentration (BAC), and negotiate for reduced penalties or alternative sentencing. A second DWI arrest has serious consequences, making strong legal representation more important than ever.
How Long Does a DWI Conviction Stay On Your Criminal Record in Texas?
In Texas, a DWI conviction, including a second DWI conviction, can stay on your criminal record permanently unless you can expunge or seal your record through a legal process. Even after you have completed all sentencing requirements for a DWI incident, having it on your record can still affect your ability to find a job, secure housing, or apply for certain professional licenses. The long-term impact of a second DWI can follow you for years, making it important to explore every legal option for minimizing the damage.
Accused of a 2nd DWI in Texas? Contact B. Keith Jackson, Attorney and Counselor at Law
If you have been accused of a second DWI offense, don’t wait to get the legal help you need. A second DWI case can have severe and lasting consequences, but you don’t have to face it alone.
Keith Jackson, Attorney and Counselor at Law, will guide you through every step of your criminal case and help you get the best possible outcome.
Contact us online or call (281) 545-5020 today to schedule a confidential consultation to start building your defense with an experienced second DWI attorney by your side.
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