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 a driver license suspension.
Bond conditions are strict for repeat DWI offenders. An ignition interlock device is a requirement of bond for all DWI 2nd charges. This means that as a condition of release from jail, a person must agree to install a deep lung device in all accessible vehicles.
Austin DWI charges can be enhanced by certain factors. These enhancements result in harsher penalties, including longer terms of incarceration, thousands of dollars in fines, and the loss of basic constitutional rights. Learn more.
- Can an old DWI conviction be used for enhancement?Yes. There is no limit to how old a prior conviction may be to be used for enhancement purposes. Out of state convictions may be used as the basis for enhancement as well.
- How can a dismissed DWI be used for enhancement? A person can be charged with DWI 2nd, even if the first DWI charge was dismissed. With the passage of Texas House Bill 3582, first-time DWI offenders are now eligible to apply for Deferred Adjudication. While Deferred Adjudication can be a good result for certain people, a DWI Deferred Adjudication will serve as a conviction for enhancement purposes in Texas. Learn more.
Can a DWI Second Offense be Dismissed in Austin?
Yes. DWI 2nd cases can be beaten. If you are facing a DWI second offense in Austin, the stakes are high. The State is not going to “take it easy” just because a DWI 2nd is a misdemeanor. That’s why it is critical to fight, assert constitutional defenses, and do everything possible to avoid a final conviction and a mandatory jail sentence.
- Can a DWI 2nd be dismissed for a bad traffic stop?Yes. Police officers are often wrong about the law. If a judge determines the reason for a traffic stop was erroneous, then everything following the stop will be excluded. Without additional aggravating factors, a bad traffic stop results in a DWI dismissal in Austin.
- Can a DWI 2nd be dismissed for lack of probable cause?Yes. All DWI cases will be dismissed if a Travis county judge finds the arresting officer lacked probable cause. Officers are trained to look for signs of impairment during traffic stops. Absent signs of impairment or intoxication, an arrest will be invalidated, and the DWI dismissed.
What Happens with DWI 2nd in Austin?
After being arrested for DWI, Travis county defendants go before a magistrate judge. The judge sets a bond amount, and decides whether there will be additional conditions of release. For DWI 2nd cases, defendants are required to install a monitoring device in all vehicles they own.
- What should I do after a DWI 2nd arrest in Austin? Hiring the best DWI lawyer in Austin is an important first step. Securing experienced legal representation will ensure things like the Administrative License Revocation hearing is timely requested and important constitutional rights are asserted.
- Can a DWI 2nd charge be reduced?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, and can be done through plea bargaining. Before working towards a plea bargain, it’s always important to review all evidence and make all pertinent legal challenges. No matter the facts, you can beat a DWI charge in Austin.
What are the Consequences of a DWI 2nd in Austin?
DWI Second offense is a Class A Misdemeanor in Austin. The maximum fine is $6,000.00, but the actual cost is much higher when court costs and probation fees and expenses are factored in.
- Is jail mandatory for DWI 2nd? In Austin, jail is only mandatory if convicted for DWI 2nd. There is no mandatory period of time when arrested. A person arrested for DWI in Austin or anywhere else in Travis county is eligible to be released on bond. Learn more.
- How long can you go to jail for DWI second offense? The maximum jail sentence is 12 months. However, Texas law requires a 3-day jail sentence even if probation is granted. So, if a judge grants probation for a DWI 2nd, you still have to go to the Travis county jail for 3 days.
- 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 Austin could be enhanced to a Third Degree Felony. Learn more.
Probation for second DWI in Austin
Everyone charged with DWI 2nd in Austin is eligible to make an application for probation. Probation, or community supervision, as it’s commonly called, is a far better alternative to incarceration in the Travis county jail.
- How long is probation for DWI 2nd?The maximum period of probation for a DWI 2nd is 24 months. Defendants sentenced to probation for a DWI offense in Austin are not eligible to petition for early termination. Learn more.
- How Long does a DWI 2nd Stay on Your Record?Forever. A conviction for DWI 2nd in Austin is a permanent criminal conviction. 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 Austin: acquittal (winning at trial), dismissal, or conviction.
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Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
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Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
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Trey Porter fought for me! I am a nurse and thought my career was over.
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Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
DRIVING WHILE INTOXICATED .15
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.
DRIVING UNDER THE INFLUENCE
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.
DRIVING WHILE INTOXICATED .15+
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.
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 UNDER THE INFLUENCE
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.
DRIVING UNDER THE INFLUENCE
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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