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DWI 2nd: Conviction and Consequences

Posted on January 17, 2023 in

A first-offense driving while intoxicated (DWI) charge can leave someone in dire circumstances, yet a second DWI charge can leave someone with severe, lifelong consequences that affect entire groups of friends and families. To address these concerns with a competent team of passionate individuals, read on and reach out to a Houston DWI defense attorney from the Law Office of David A. Breston to learn more.

The Ins and Outs of a “DWI Second” Conviction 

After someone is arrested and booked, they are processed for trial just as with any other crime. A DWI second is unique, however, as those charged with the crime are treated with less leeway as there is a previous DWI charge already on their record. This means, in effect, that bonds may be higher and third-party devices like ignition interlocks may need to be installed in someone’s car if they are released on bail. However, jail is not mandatory for DWI 2nds if someone is not convicted of the crime. 

In any case, DWI seconds can be dismissed as many other cases can be, and this is not a particularly abnormal outcome for one of these cases. Some examples of cases in which someone’s DWI second may be dismissed include a bad traffic stop or lack of probable cause on behalf of the police officers involved in the booking. 

DWI 2nd – The Consequences Those Convicted Face

The consequences for a second DWI offense in Texas may be harsh. A DWI second offense is considered a Class A Misdemeanor in the state, meaning the maximum fine that can be imposed is $6,000, and the maximum jail sentence is 12 months. A conviction for this offense has permanent ramifications and requires a minimum of 3 days in jail, even if probation is granted.

Other penalties include probation, which is a minimum of 24 months, and the suspension of a driver’s license, which can severely impact someone’s ability to go about their day-to-day life. Additionally, those convicted are not eligible to petition for early termination, and in further consequence, a DWI 2nd means that it will never be taken off someone’s record, and they are not eligible for Deferred Adjudication.

Previous DWI charges can even be used against someone during their DWI second for “enhancement.” Enhancement generally means that the DWI second is presented to the courts as more severe and subject to further punishment due to previous charges. This can apply even if the old DWI charge did not result in a conviction.

The Texas Firm Defending DWI Second Charges 

David A. Breston and his team of passionate and dedicated Texas DWI defense attorneys have the experience necessary to defend you in a court of law. Our firm has a plethora of successful cases, winning charge dismissals for our clients. To learn about the importance of administrative hearings, charge reductions, and other services our firm can provide, reach out to us at (713) 224-4040 or use the following link to contact us online.