Facing a second DWI charge in Texas without the help of an experienced DWI lawyer could mean receiving the most severe penalties, including jail time and hefty fines.
At The Law Offices of David M. White, we aim to empower those charged with a second DWI by providing the necessary information to understand what to expect in the legal process and how our firm can help.
Texas DWI Statistics
Recent statistics show that Texas has approximately 340 DWI arrests per 100,000 people. This is higher than the national average in the USA.
The state averages over 25,000 DWI-related accidents every year. This results in over 15,000 injuries and over 1,100 fatalities annually.
With such high numbers, Texas has strict laws and harsh penalties in place for those charged with a DWI. This is especially true for repeat offenders.
Possible Outcomes of a Second DWI Conviction
If a Texas court convicts you of a second DWI offense, the consequences can significantly alter your life.
Some possible outcomes include:
- Imprisonment: A second offense can lead to a jail term ranging from 30 days to a full year.
- License Revocation: You may lose driving privileges for two years.
- Monetary Penalties: Expect to incur fines exceeding $4,000, excluding additional state and court charges.
- Ignition Interlock: The court might mandate the installation of an ignition interlock device in your car, which tests blood alcohol levels before the engine can start.
- Supervised Release: You could be subjected to probation for up to two years, during which you must adhere to specific court-imposed conditions.
- Volunteer Work: Part of your sentence may include completing a designated number of community service hours.
- Alcohol Education: You may be required to participate in an alcohol education or substance abuse treatment program as ordered by the court.
Due to the nature of a second DWI, many of these penalties may be unavoidable.
However, with the help of an experienced attorney, you may be able to reduce or avoid some of the consequences.
How Are the Penalties for a Second DWI Determined in Texas?
The penalties for a second DWI are determined based on:
- Your blood alcohol concentration (BAC) at the time of arrest
- Previous convictions
- Any aggravating circumstances, such as causing an accident or having a minor in the vehicle
Sometimes, these factors will result in enhanced penalties, such as a longer jail sentence or higher fines. The penalties can increase in accidents that cause injuries or fatalities.
You should never assume that a second charge will incur the same penalties as your first offense.
What Is Considered Drunk Driving in Texas?
In Texas, a person is considered to be driving while intoxicated (DWI) if they have a blood alcohol concentration (BAC) of 0.08% or higher.
However, even if your BAC is below this limit, you can still be charged with a DWI if there is evidence that you were impaired while operating a vehicle.
Additionally, even a small amount of alcohol in the system can lead to harsher penalties for commercial drivers and drivers under the age of 21 in Texas.
How Can a DWI Lawyer Help With My Case?
A lawyer is a valuable asset in fighting a second DWI charge in Texas.
Ways they can help include:
- Building a strong defense: An experienced DWI lawyer will thoroughly investigate your case and gather evidence to build a strong defense on your behalf.
- Negotiating with prosecutors: Your lawyer can negotiate with the prosecutor for reduced charges or penalties, potentially leading to a lighter sentence.
- Representing you in court: If your case goes to trial, your attorney will represent you in court and advocate for your best interests.
- Providing guidance and support: Facing a second DWI charge can be overwhelming and stressful, but having an experienced attorney can provide peace of mind and support during this challenging time.
Ultimately, an experienced DWI lawyer can significantly affect the outcome of your case and help you navigate the legal process confidently.
What Are My Rights When Stopped for a DWI?
If police pull you over for suspicion of a DWI in Texas, you have the right to:
- Remain silent and do not answer any questions without an attorney present
- Refuse field sobriety tests, such as walking in a straight line or standing on one leg
- Refuse a breathalyzer test at the scene (however, this may result in automatic suspension of your driver's license)
Exercising these rights doesn't just protect yourself. It also helps your lawyer build a stronger defense for your case.
Second DWI FAQs
How can I avoid jail time after a second DWI?
An experienced DWI lawyer can work to negotiate alternative sentencing, such as probation or community service.
What should I look for in a DWI lawyer?
Look for a lawyer with experience handling similar cases, a strong track record of success, and who makes you feel confident and comfortable in their abilities to represent you.
Can I have a second DWI expunged from my record in Texas?
You cannot expunge DWI convictions or remove them from your record in Texas. However, if you were acquitted, pardoned, never charged, or had your case dismissed, a lawyer may help you expunge it.
Did Police Arrest You for a Second DWI? Contact The Law Offices of David M. White for Comprehensive Defense Strategies
Getting a second DWI in Texas is not something to take lightly. To ensure you avoid the harshest consequences, don't hesitate to contact The Law Offices of David M. White for a strong and effective defense.
Our team has extensive experience handling DWI cases and will fight to protect your rights and achieve the best possible outcome for your case.
Risking your future and freedom without proper legal representation is not worth it.
Schedule a confidential consultation now to discuss your situation with our experienced DWI lawyers.
David M. White
Attorney
David M. White is an attorney with offices in Abilene and San Angelo, Texas. His practice is focused on Personal Injury cases and Criminal Defense. Mr. White attended Texas Tech University where he earned a B.B.A. in Finance in Honors Studies in 2002, graduating magna cum laude. He received his Doctor of Jurisprudence from the Texas Tech University School of Law in 2006.
If you, a friend, or family member need legal advice, please feel free to contact our firm for a free consultation with David White, a Personal Injury attorney in Abilene, Texas.
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