What Are the Penalties for a Second DWI in Texas?

The penalties for a second DWI charge in Texas are more severe than a first-time DWI and are detailed under Texas Penal Code 49.04(c). If convicted, an individual may face a Class A misdemeanor charge, which carries potential penalties of up to a year in county jail, a fine of up to $4,000, or a combination of both. Apart from these direct penalties, the convicted individual might also be mandated to complete 80 to 200 hours of community service.

Moreover, a second DWI conviction can result in a license suspension period of up to 2 years and mandatory installation of an ignition interlock device <a href="http://“>(IID) in the offender’s vehicle. This device requires a breath sample before the engine will start. If the device detects alcohol on the breath, the engine will not start.

Please note that these penalties can be even more severe if the individual had a blood alcohol concentration (BAC) of 0.15% or higher at the time of the arrest or if there was an open container of alcohol in the vehicle.. It’s crucial to consult with an experienced DWI attorney if you’re facing a second DWI charge in Texas, as the legal ramifications can significantly impact your life.

There is no time limit between a DWI 2nd charge and your previous DWI conviction.

A previous DWI conviction in Texas never falls off your criminal record, irrespective of the time elapsed since the conviction. This is a common misconception that many people have.

Even if there are thirty years or more between DWI offenses, the first DWI conviction will still count as a first conviction. The law does not consider the time gap between offenses, and any subsequent infraction will be treated as a repeat offense. The record of a DWI conviction will stick with you indefinitely.

What is the Long Term Impact of a 2nd DWI Conviction?

The long-term impact of a DWI second offense in Texas extends beyond the courtroom and can significantly affect various aspects of an individual’s life. A second DWI conviction can lead to employment difficulties, as certain jobs may not hire individuals with a criminal record. Current employers may also view such convictions negatively. If your job includes driving, your employer may be forced to fire you or place you in a different role to maintain their insurance.

Furthermore, auto insurance rates typically skyrocket after a DWI conviction. Additionally, if child custody or divorce proceedings are involved, a DWI conviction could influence judgments.

On an educational front, some colleges and universities may refuse admission or revoke scholarships based on criminal convictions. It’s impossible to know just how a second DWI will affect your life, underscoring the importance of a good criminal defense lawyer.

After a second DWI conviction, the next one is a Felony

In Texas, the law becomes harsher with each successive DWI offense. A third DWI offense is not simply another misdemeanor – it is considered a third-degree <a href="http://

Is DWI a Felony in Texas? Understanding the Charges and Penalties

While DWI in Texas is typically charged as a misdemeanor, there are circumstances that lead to felony DWI charges. 1. If you have two previous DWI convictions, a 3rd or later DWI is charged as a felony. 2. Intoxication assault can be charged with 3rd degree felony if the driver caused serious injury to another 3. If a person dies as a result of the DWI, Intoxication Manslaughter is a second degree felony 4. DWI with child passengers can be charged as a State Jail Felony.

Note: A Very high blood alcohol concentration can elevate a charge to a class A misdemeanor, but a high BAC alone will not result in a felony.

A felony DWI arrest should be taken very seriously, as jail time or other harsh penalties may incur. If you are facing a DWI charge in Central Texas, please reach out to ATX Legal for a free consultation with a criminal defense attorney..

What Constitutes a DWI Felony?

• A DWI arrest in Texas can be a felony charge, especially for third-time offenders or those involved in assault and manslaughter.

• A DWI is considered a felony when a driver has 2 or more prior DWI convictions or if there is a child passenger younger than 15 years of age.

• A DWI can also be a felony conviction if the case results in serious bodily injury or death.

Definition of “Intoxicated” for a Texas DWI Offenses

• A person is intoxicated when they do not have the normal use of their mental or physical faculties.

• Intoxication can be caused by alcohol, a controlled substance, or a combination of substances.

• A commercial vehicle DWI lowers the legal limit to 0.04%.

Definition of a “Motor Vehicle” for a Texas DWI Charge

• A motor vehicle means a device in, on, or by which a person or property is transported or drawn on a highway.

• The device does not have to be street-legal or have a specific type of engine or transmission.

• A DWI in Texas can be charged if the driver is operating a motor vehicle in a public place.

Definition of “Operating” a Motor Vehicle for a Texas DWI Conviction

• The prosecution must have evidence that the person was operating the motor vehicle.

• Operating a motor vehicle can be problematic if no one saw the person driving or if the person was only sleeping in the vehicle.

• A DWI in Texas can be a felony charge if the driver is operating a motor vehicle with a child passenger under 15 years old.

When Can You Be Charged with a Felony DWI in Texas?

• Texas DWI charges can be elevated from a misdemeanor DWI to felony charge if the driver has 2 or more prior DWI convictions.

• A DWI in Texas can be a felony charge if the case results in serious bodily injury or death.

• A DWI in Texas can be a felony charge if the driver is operating a motor vehicle with a child passenger under 15 years old.

DWI with a Passenger Under 15 Years Old

• Even first-time DWI offenders can be charged with a felony in a Texas DWI case if they were driving while intoxicated with a passenger under 15 years old.

• The penalties for this include fines, prison time, and community service.

• A DWI in Texas with a child passenger under 15 years old can result in a state jail felony charge.

DWI with Multiple Past Convictions

• For a third or subsequent DWI, you will be facing a felony DWI charge.

• Felony DWIs in Texas are punished by a fine not to exceed $10,000, prison time of up to 10 years, and community service of up to 800 hours.

• You may also be required to install an ignition interlock device that prevents you from driving while intoxicated.

DWI Associated with Severe Injuries

• If you are charged with a DWI in and there was an accident that caused significant harm to someone, you could be facing felony charges even if it is your first offense.

• A DWI in Texas associated with severe injuries can result in a third-degree felony charge.

Intoxication Assault

• Intoxication assault charges result when a driver causes serious bodily injury with their in the course of driving while intoxicated.

• This is a third-degree felony in Texas, and you may be fined up to $10,000 and face prison time from 2 to 10 years.

• You may also be required to serve 160 to 600 hours of community service.

Intoxication Manslaughter

• Intoxication manslaughter is accidentally causing someone’s death due to driving while intoxicated.

• It is a second-degree felony, and punishment may include a fine of up to $10,000 and a prison sentence from 2 to 20 years.

• You may also be required to serve from 240 to 800 hours of community service.

DWI with Serious Bodily Injury

• A DWI in Texas associated with severe injuries can result in a third-degree felony charge.

• The penalties for this include fines, prison time, and community service.

Penalties for Felony DWI Convictions

• A DWI in Texas can result in significant punishments, including fines and imprisonment.

• The charges and punishments for a DWI vary depending on the circumstances of the offense and prior convictions.

Third Degree Felony Penalties

• A third-degree felony in Texas is punishable by a fine not to exceed $10,000, prison time of up to 10 years, and community service of up to 800 hours.

Additional Texas DWI Penalties

• Beyond the above penalties, you can face additional Texas DWI penalties, including loss of driver’s license, ignition interlock device, and DWI intervention or education programs.

• A DWI in Texas can result in a permanent criminal conviction.

• The length of the suspension varies depending on the circumstances of the offense and prior convictions.

Can I lose my License after a Felony DWI?

• Yes, you can lose your driver’s license after a felony DWI conviction.

• For a third DWI, you will likely lose your license for between one and two years.

• Losing your driver’s license can inflict unnecessary stress on you and your loved ones.

Defenses and Expungement

• A DWI in Texas can be defended with the help of an experienced DWI lawyer.

• A DWI conviction in Texas can be sealed in some cases, but this does NOT apply to felonies.

Can a Felony DWI Be Expunged in Texas?

• DWI convictions in Texas are not eligible for expungement.

• However, if the charges against you were dismissed, your record may be eligible for expunction.

Consequences of a Felony DWI Conviction

• A DWI in Texas can have serious collateral consequences, including effects on child custody, job loss, and professional licenses.

• A felony DWI conviction can result in a permanent criminal conviction.

• A DWI felony conviction in Texas can have a significant impact on your life and future.

• A DWI in Texas can result in a driver’s license suspension.

Working with a DWI Lawyer

• A DWI in Texas can be defended with the help of an experienced DWI lawyer.

• A DWI lawyer can help you navigate the legal process and develop a defense strategy.

Do I Need a Lawyer for a DWI in Texas?

• Yes, every person charged with DWI in Texas needs a lawyer.

• It is not advised for anyone to face a DWI charge in Texas without a lawyer as the consequences are too costly.

Contact a Qualified DWI Lawyer Today

• ATX Legal can help with your DWI defense.

• Contact a lawyer today to schedule a confidential case evaluation and discuss your case’s possible strategy.

A felony conviction carries a penalty of 2 to 10 years in state prison. Additionally, fines can reach up to $10,000, not including the costs associated with license reinstatement, probation, mandatory alcohol education, and other potential penalties.

Furthermore, the social stigma attached to a felony conviction is much higher, often leading to increased difficulties in employment and personal relationships. Therefore, it is critically important to avoid a third DWI offense.

Can a Second Offense DWI be Dismissed in Texas?

A knowledgeable DWI attorney can employ a range of legal strategies to potentially get a second DWI dismissed in Texas.

1. Challenging the traffic stop: If the attorney can prove that the police officer who conducted the traffic stop lacked a valid reason or probable cause, the case may be dismissed.
2. Questioning the sobriety tests: Field sobriety tests are subjective and may not always be accurate. An attorney can challenge the validity of these tests by highlighting factors that may have influenced the results, such as medical conditions, weather, or even the individual’s footwear.
3. Disputing blood or breath test results: These tests can also be prone to errors. An attorney can question the accuracy of the devices used, the manner in which the test was administered, or the qualifications of the person who administered the test.
4. Examining the arrest procedure: If the arresting officer did not respect the defendant’s rights during the arrest, such as failing to read them their Miranda rights, the attorney may use this to get the case dismissed.

Remember, these are potential strategies and the success of your case will depend on its specific circumstances. It is always advisable to consult with a skilled DWI attorney to discuss your options.

How Can You Get a Second DWI Reduced?

There are several legal strategies that might be used to get a second DWI reduced in Texas.

• Reduction to a Class B Misdemeanor: The prosecutor will sometimes agree to reduce the charge to a class B misdemeanor, dropping the 2nd time DWI enhancement. This option comes with less severe penalties, typically a maximum of 180 days in jail and a fine not to exceed $2,000.
• Reduction to Obstructing a Roadway: In some cases, a lawyer might be able to negotiate a plea deal to reduce a second DWI to an “obstructing a roadway” charge. This offense is considered to be less severe than a DWI and won’t result in a driver’s license suspension. However, this is typically an option only if the prosecutor believes their case is weak, or if there are other extenuating circumstances.
• Reduction to a Class C Traffic Ticket: Short of dismissal, this is the least severe outcome and typically involves pleading to a lesser offense, such as a traffic violation. The penalties would include a fine of up to $500 and no jail time. However, achieving this reduction on a second time DWI is generally only possible if there are significant issues with the prosecution’s case.

It’s essential to note that these are potential strategies, and their success considerably depends on the specific details of your case. Therefore, consulting with a skilled DWI attorney who is familiar with the local courts and the specifics of Texas DWI laws is crucial to achieving the best possible outcome in a second DWI case.

What Factors Could Impact Your Ability to Get the Charges Reduced?

Several factors could impact the ability to reduce a DWI charge. These include:

• The Strength of the Prosecution’s Case: If the prosecution has strong evidence, such as a high blood alcohol content (BAC), reliable witness testimonies, or clear video footage, it may be more challenging to negotiate a lesser charge.
• Prior Charges: The court will consider past DWI offenses. Even dismissed or reduced charges could factor into the decision.
• Accidents or Injuries: If the DWI incident resulted in an accident, especially one causing property damage or injuries, it’s less likely that the charge will be reduced.
• The Presence of a Minor: If a minor was present in the vehicle at the time of the offense, this could lead to more severe (including felony) charges and make it harder to negotiate a reduction.
• Your Legal Representation: The skill and experience of your attorney also play a significant role. A knowledgeable attorney who understands local DWI laws and has good relationships with the local courts may be more successful in achieving a charge reduction.
• Demonstration of Sobriety: A defendant’s ability to demonstrate their sobriety can significantly impact their case. If they can show a commitment to sobriety through actions such as attending alcohol education classes or participating in substance abuse treatment programs, it may increase the chances of negotiation for a lesser charge.

It’s important to understand that these factors could vary case by case; therefore, a thorough legal consultation is strongly advised.

Probation for Second DWI in Texas

Probation is an alternative to jail that the court might consider for those convicted of a second DWI in Texas. As part of the probation, the defendant is expected to abide by certain conditions set forth by the court.

These might include regular check-ins with a probation officer, mandatory participation in alcohol education or substance abuse treatment programs, random drug and alcohol testing, and maintaining a clean criminal record. Additionally, community service, installation of an IID, or attending a MADD victim impact panel could be part of the probation terms.

Failure to meet these conditions could result in the probation being revoked and the defendant being sent to jail. The exact terms of probation can vary based on several factors, including the circumstances of the offense, the defendant’s past criminal history, and their demonstrated commitment to sobriety.

How does a 2nd DWI in Texas impact your driver’s license?

A second offense DWI in Texas carries severe implications for your driving record. According to Texas law, your driver’s license can be suspended for up to two years following a second DWI charge. During the period of suspension, it might be possible to apply for an occupational license that allows for limited driving, such as commuting to work or school.

It’s important to note that an IID may be required in your vehicle as a condition of obtaining an occupational license. The installation and maintenance costs of this device are borne by the defendant. The severity of driver’s license penalties can be influenced by factors such as the details of the offense and the defendant’s previous record.