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Texas Second DWI Offense

Getting arrested for a second DWI offense in Texas can change everything. Unlike a first offense, repeat charges come with harsher penalties and far fewer chances to walk away clean. Call your Houston DWI defense lawyer from the Law Office of David A. Breston, Criminal Defense Attorney today to get help from someone who knows exactly how repeat DWI cases are charged, prosecuted, and challenged.

What Changes When You Are Charged With a Second DWI Offense in Texas

If this is your second DWI charge, the process is going to feel very different from the first time. Prosecutors, judges, and even probation officers tend to approach repeat offenses with more pressure and less patience. A second charge often means stricter rules, fewer options, and higher stakes across the board.

Once there is a prior DWI on your record, prosecutors may assume this is part of a pattern rather than a one-time mistake. They are more likely to push for jail time, challenge requests for diversion, and take a harder stance on plea offers. Cases that might have been eligible for probation the first time around may now be treated as high-risk.

What Penalties Apply to a Second DWI in Texas

A second DWI arrest in Texas is not treated like a warning. It comes with serious consequences that can affect your freedom, your license, and your record for years to come. Here are some of the most common DWI penalties for a second offense in Texas:

  • You may be sentenced to jail time ranging from 30 days to one year.
  • You could face fines of up to $4,000 if convicted.
  • Your driver’s license could be suspended under Texas Transportation Code § 521.344.
  • You may be required to complete a DWI education or repeat offender program.

These DWI penalties can become even more severe if your case involves certain aggravating factors. A high blood alcohol concentration (BAC), driving with a child in the car, or causing a crash can lead to enhanced punishment under Texas Penal Code § 49.09. License suspension terms may be extended, and supervision conditions may be more strict under Texas Code of Criminal Procedure § 42A.402

Distinctions in Second DWI Charges in Texas

If you are dealing with a second DWI charge, you might already feel the pressure building. These cases are not just about fines or a few nights in jail. Once a second offense is on the table, other issues like past charges or whether someone got hurt start to shape what you are really facing. 

Comparing First and Second DWI Offenses in Texas

If your first DWI felt like a wake-up call, the second one might feel more like a full-on storm. A Texas first DWI offense sometimes ends with probation, alcohol classes, or a short license suspension. With a second offense, everything gets more serious. You may be looking at longer jail time, higher fines, and a lot less room to negotiate. Judges and prosecutors usually see this as a sign that the first outcome did not work, and they are quicker to push for stricter terms.

When a Second DWI Involves Injury or Death

If someone is hurt or killed in the crash, things can escalate fast. A second DWI tied to a serious accident often leads to felony charges, and the penalties jump right along with it. If the crash resulted in someone’s death, you could be charged with intoxication manslaughter under Texas Penal Code § 49.08

Reach Out To a Second DWI Lawyer in Texas About Your Offense Today

A second DWI conviction can carry serious penalties, but a skilled defense can change the outcome. Your second DWI attorney in Texas with the Law Office of David A. Breston, Criminal Defense Attorney will take the time to review your case, explain your options, and talk through what to expect. To schedule your consultation, contact us today and find out how we can help.