The penalties for a second DWI offense (DWI-Repeat Offender) are severe. In Texas, 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 jail sentence (even if probation is granted), and results in a driver’s license suspension.

• Is jail time mandatory for 2nd DWI in Texas? Yes, a DWI 2nd conviction requires at least 3 days in jail as punishment though the maximum jail sentence is 1 year. This mandatory minimum applies even in cases resulting in probation. However, a knowledgeable Texas DWI defense lawyer can leverage weaknesses in the district attorney’s case evidence to avoid jail altogether by securing a reduction or a dismissal.

• What happens after your 2nd DWI in Texas? Those arrested for DWI 2nd in Texas are eligible for bail bond but are subject to certain conditions of release, like an ignition interlock device (breathalyzer) requirement. Texas DWI 2nd Defendants must comply with all such bond conditions and appear in court as directed. DWI 2nd carries a minimum 3-days jail and is subject to maximum 12-month jail sentence and $6,000 fine, in addition to a Texas driver’s license suspension.

HOW MUCH IS BOND FOR 2ND DWI IN TEXAS?

A bail bond for DWI 2nd in Texas can cost up to several thousand dollars, though exact amounts range throughout the state. Additionally, Texas Law requires DWI 2nd Defendants to install and maintain an ignition interlock device (breathalyzer) in their vehicles. Many judges even require alcohol/substance abuse counseling and drug testing as a condition of bond. These conditions ultimately contribute to the overall cost of a DWI 2nd bond in Texas.

• What is a DWI level 2 in Texas? A DWI 2nd in Texas is a class A misdemeanor subject to a minimum 3-days jail and a maximum 1-year jail term and $6,000 fine. Any prior DWI conviction can be used to enhance a case to DWI 2nd, including very old criminal records. Texas Law even allows enhancement with prior DWI charges resolved by Deferred Adjudication. However, DWI crimes subject to expungement cannot be used for enhancement purposes, nor can any other expunged criminal charge.

• What can DWI be reduced to in Texas? A DWI second can be reduced to a first offense DWI, a class B misdemeanor, so as to avoid the mandatory jail term of the enhanced charge. This is typically done as part of the plea negotiation process. A DWI 1st also carries lower fines and a shorter punishment range.

CAN YOU GET PROBATION FOR 2ND DWI IN TEXAS?

Yes, a Texas DWI 2nd remains eligible for probation despite the 3-day jail requirement. The way this works is that a Defendant would have to serve the required 3 days of jail at some point during their probation. A knowledgeable Texas DWI defense attorney can secure a reduction, or even a dismissal, so as to avoid this penalty altogether.

• Can you drink on DWI probation Texas? No, Texans on DWI 2nd probation are prohibited from consuming alcohol. Texas judges are particularly strict with repeat offenders, often requiring frequent drug, controlled substance, and alcohol testing. A probation violation can result in an arrest warrant, a Motion to Revoke Probation, and a lengthy jail sentence.

• Can you travel on DWI probation Texas? Texans on DWI 2nd probation must remain within their county of residence unless granted approval to travel by their judge. Additionally, many ignition interlock devices (breathalyzer) contain GPS tracking, which allows probation to monitor compliance with this restriction.

IS A SECOND DWI A FELONY IN TEXAS?

No, a second-offense DWI is a class A misdemeanor in Texas. Any prior DWI conviction, including out-of-state and Deferred Adjudication cases, can be used for enhancement. An individual with at least 2 prior DWI convictions on their criminal record is subject to DWI 3rd, a felony offense subject to 2-to-10 years in prison. Additionally even a first DWI offense is subject to felony enhancement if involving a child passenger. People seeking additional information should consult an experienced criminal defense attorney.

• What is the minimum sentence for a DWI in Texas? The minimum sentence for a DWI 2nd in Texas is 3 days in jail. The Texas Penal Code requires this minimum sentence even when the charge results in probation following jury trial or plea bargain. DWI 2nd also requires imposition of an Ignition Interlock Device (breathalyzer) as a probation condition. However, these penalties only apply if a prosecutor meets their burden of proof or if there is a guilty or no contest plea.

• How to get 2nd DWI charge reduced in Texas? A Texas DWI reduction requires a discerned and intentional legal defense. This often includes experience with the science of alcohol intoxication investigation, the criminal justice system, and the Code of Criminal Procedure, as well as familiarity with Search and Seizure laws in Texas. Texas DWI charges are not casually reduced but are products of concerted legal efforts. For example, a criminal defense lawyer can challenge the probable cause and reasonable suspicion for the police officer traffic stop, or explore legitimate consent issues with the blood test or its alcohol concentration, or raise general questions of Reasonable Doubt in a case evaluation with the prosecutor.

2ND DWI IN TEXAS WHILE ON PROBATION?

For Texas probationers, a second DWI arrest is a probation violation, subject to arrest, a Motion to Revoke Probation, and a lengthy jail sentence on the original charge. In Texas, a probation revocation often proceeds independently of the second DWI charge, requiring multiple court appearances for the separate offenses. Additionally, Texas judges and district attorneys are strict with repeat offenders (and they often work with law enforcement officers to conduct extensive background checks), which can complicate a person’s legal defense.

• Average sentence for 2nd DWI in Texas? DWI 2nd sentences vary across Texas and are subject to a variety of factors, such as the facts of the individual case (including the blood alcohol content or if there was a motor vehicle accident with injury) and the Defendant’s overall criminal record. However, those with pending DWI second charges can expect probation, a 3 day jail term, a considerable fine, an Ignition Interlock Device (breathalyzer machine) requirement, sobriety counseling, and a Texas driver’s license suspension. An experienced DWI lawyer and law firm in Texas can help mitigate and avoid many of these penalties.

• Driving While Intoxicated 2nd Degree? A DWI 2nd offense in Texas is punishable as a class A misdemeanor crime regardless of the blood alcohol content. This offense requires a minimum 3 days of jail and is subject to a maximum 12-month jail sentence and $6,000 fine in addition to court costs. A DWI 2nd conviction carries a host of collateral consequences, such as jeopardized employment or a Texas License to Carry suspension, and subjects a person to felony DWI enhancement upon a subsequent DWI arrest.

CAN A SECOND DUI BE DISMISSED IN TEXAS?

Yes – DWI, DUI (Driving Under the Influence), and DWI 2nd cases are dismissed, reduced, and resolved without conviction everyday in Texas courts. However, Texas law enforcement, police officers, and judges are strict with alcohol enforcement so prosecutors do not dismiss these cases incidentally or out of good will. A Texas DWI 2nd dismissal requires a concerted and experienced legal defense.

A dismissed DWI crime can still result in an administrative license suspension by the Texas Department of Public Safety. In these instances, a person may obtain an occupational driver’s license provided they maintain SR22 liability insurance coverage in addition to their normal vehicle insurance.

• What is the punishment for 2nd DWI in Texas? The punishment for 2nd DWI in Texas is 72 hours to 12 months in jail and a maximum $6,000 fine. A second-offense DWI can also result in lengthy probation, costly court fees, ignition interlock (breathalyzer), a driver’s license suspension and a permanent criminal conviction in Texas. However, none of these penalties apply in the event of an acquittal verdict (not guilty) or a dismissal. Texans facing DWI 2nd charges should therefore consult an experienced DWI defense lawyer to further explore these penalties and begin forming a proactive legal strategy.

• Is there any possible way to get around jail time for your 2nd DUI? Yes, a Defendant can avoid the DWI 2nd jail requirement by securing a reduction to a class B misdemeanor DWI, or to any other criminal charge that does not require jail like Reckless Driving. However, Texas has strict DWI laws so this feat entails a dynamic legal and mitigation strategy.

TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE

Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been 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.