Driving While Intoxicated 2nd (DWI 2nd) – Second Time DWI Offender
If you’ve previously been convicted of DWI—regardless of how long ago the conviction happened—then your second DWI arrest will be filed as a “DWI – 2nd Offender.” You will immediately notice the differences in how this charge is treated.
First, your bail amount will almost certainly be higher because the judge thinks you have a greater propensity to commit crime and endanger the public.
Second, upon release from jail you will be required to quickly install a guardian interlock device in your vehicle and ordered never to drive a vehicle unless it has such a device.
Third, you will notice that Texas basically doubles the possible penalties for a second DWI. If convicted, you will be sentenced to between 30 days and 1 year in jail and could receive a fine of up to $4,000. Probation is still possible in these cases, but will involve a short amount of jail time also.
Fourth, any conviction will subject you to a longer driver’s license suspension if the first DWI was fairly recent. A judge is likely to suspend your license for 2 years, with the first year being a “hard suspension” (meaning that you cannot get an occupational, or temporary, driver’s license during the first year).
A DWI – Second Offender charge is serious and must be carefully analyzed by an attorney experienced in DWI cases. The lawyers at Shellist Peebles McAlister LLP have nearly 60 years of collective experience in all aspects of DWI cases. As former prosecutors, they have advised police and other prosecutors regarding intoxication offenses. As defense attorneys, they have helped hundreds of clients charged with these cases, often securing dismissals or jury acquittals. Contact our lawyers immediately for help.