DWI 2nd Offense in Austin

The penalties for a second DWI offense (DWI-Repeat Offender) are severe. In Austin, a DWI second offense is a Class A Misdemeanor. The maximum fine is $6,000.00, and the maximum jail sentence is 12 months. A conviction for this offense is permanent, requires a 3-day sentence in the Travis county jail (even if probation is granted), and results in a driver license suspension.

  • How many DWI cases get dismissed in Texas? A low percentage of DWI charges are dismissed in Texas. Prosecutors seek convictions, and do so more aggressively with repeat offenders facing DWI 2nd charges. Learn more. 


DWI 2nd convictions and consequences can be avoided in Travis County. No matter how extreme the facts of the case, it is important to build a powerful defense to protect your rights, and preserve your future. Second DWI charges can be dismissed in Austin. Learn more.

  • Can DWI 2nd dismissed for a bad traffic stop? Police are often wrong about the law. If a judge determines the reason for a traffic stop that resulted in a DWI arrest was erroneous, then evidence obtained after the stop can be suppressed. A bad stop equals a bad arrest. A bad arrest results in dismissal.
  • Can DWI 2nd be Dismissed for lack of probable cause? Yes. DWI cases can be dismissed if a Travis County judge determines the arresting officer lacked probable cause. Because DWI arrests are warrantless arrests, all elements of an officer’s probable cause can be challenged.
  • Can a DWI 2nd charge be reduced in Austin? Yes. A DWI charge that is enhanced because of a previous conviction may be reduced. Reducing a DWI 2nd to a DWI is a difficult task, however, and can only be done through plea bargaining. An aggressive strategy allows the defense to negotiate from a position of strength. Learn more.


After being arrested for DWI 2nd, defendants see a magistrate judge. The judge sets a bond amount, and additional conditions of release. In Travis County, ignition interlock is a standard bond requirement for everyone facing a second DWI charge. The device(s) must be maintained the entire time the DWI 2nd charge is pending. 

  • How much is a bail bond for 2nd DWI in Texas? The bond amount for a second DWI charge is normally set below $10,000. Bond amounts in Texas vary, as magistrate judges have total discretion over bond conditions. Learn more.

  • What Should I do after a DWI 2nd arrest? After a DWI arrest it is critical to secure your driving privileges, request an Administrative License Revocation (ALR) hearing, review evidence from the state prosecutors, and maintain compliance with bond conditions.It is difficult to manage these tasks alone. The first and most important step after release from jail is to retain the best DWI defense lawyer for your situation. An experienced legal team should make an enormous impact on your quality of life and the outcome of your case. Learn more.


Jail time is mandatory if convicted of DWI 2nd in Texas, even if probation is granted.

  • No jail time for second DWI in Austin? Jail time can be avoided. A dynamic defense can result in a dismissal and release from the charge, and at minimum increases the probability of negotiating for a reduced charge to avoid jail time. Learn more.

  • Is a 2nd DWI a Felony in Austin? No. A second offense DWI is a Misdemeanor in Austin. However, if you have a DWI conviction from another state, your second DWI charge in Texas will be classified as a Third Degree Felony. Learn more.
  • How long can you go to jail for DWI second offense? If convicted of DWI 2nd, a person can be sentenced to a maximum of 12 months in the Travis County Jail. Texas law requires a 3-day jail sentence even if probation is granted.
  • What is the average sentence for 2nd DUI? In Austin, the average sentence for 2nd DUI charges is a period of probation between 12 and 24 months, with at least three days in jail. Additionally, this includes, but is not limited to, driver’s license suspension, an alcohol monitoring device, drug testing, fines, court costs, community service, court-ordered classes, and restricted travel. 


Probation is possible for everyone charged with DWI 2nd in Austin. Probation, commonly referred to as community supervision, is a far superior alternative to incarceration in a Travis county jail. Learn more.

  • How long is probation for DWI 2nd? The maximum period of probation for a DWI 2nd in Austin is 24 months. Defendants sentenced to probation for a DWI offense in Texas are not eligible to petition for early termination. Learn more.
  • Can you drink on DWI probation Austin? No. Alcohol consumption is prohibited while on community supervision in Austin. Probation violations result in the State filing a Motion to Revoke Probation (MTR). MTR’s result in arrest warrants, potential incarceration, and can extend the duration of probation. Learn more.


DWI Second offense costs thousands of dollars, at minimum. The maximum fine is $6,000.00 in Texas, but the cost of being sentenced to jail is impossible to calculate. Everyone facing DWI 2nd offense is facing 1 year in jail. Getting the best DWI lawyer in your corner gives you the best chance of avoiding the high price of DWI 2nd consequences. 

  • Can you get deferred adjudication for DWI 2nd in Austin? Defendants facing a DWI 2nd charge are not eligible to apply for Deferred Adjudication. There are only three outcomes for a second offense DWI in Texas: acquittal (winning at trial), dismissal, or conviction. Learn more.


A conviction for a second DWI offense stays on the record forever. It cannot be expunged or sealed, and there is no time period after which it automatically comes off. Learn more. 

  • How to expunge DWI records in Austin? DWI charges that resulted in a dismissal can, in some circumstances, be expunged and deleted from the record. Learn more.
  • Can you seal DWI records in Austin? DWI charges can be sealed through the powerful process of nondisclosure. Not all DWI cases qualify for an order of nondisclosure. Second DWI offenses are not eligible to be sealed through the nondisclosure process.


Outcomes matter when liberty and livelihood are on the line. You can’t win if you don’t fight, and you cannot fight alone.

Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. Voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015, Mr. Porter is recognized as a Texas SuperLawyer, and distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

 DWI 2nd Offense in Austin

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    Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.



    Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.



    Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.


    DWI 2nd

    Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.



    Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.



    Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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