Texas DWI Second Offense – Criminal Defense Attorney
A second Driving While Intoxicated conviction can result in serious penalties, including mandatory minimum jail sentences, required driver’s license suspension, possible fines, monthly reporting to a probation officer, a possible criminal record, and/or requirements to file for verification and proof of SR-22 poof of liability insurance for at least two years. Texas law statutorily requires all county courts to order any person who has been convicted of a second DWI within five years of the previous DWI offense to install and maintain a “deep-lung” device in their car. This is commonly known as an ignition interlock device and requires the operator of a vehicle to make periodic blows into the machine before their car starts. If the machine detects any alcohol in their breath when blowing into the device, the car will not start, and it will send the result to whichever agency maintains the equipment.
TEXAS DWI-SECOND DEFENSE ATTORNEY
If you have been charged with a second DWI offense in Texas, it is vital to employ an attorney with the expertise, reputation, and experience to mount the best defense possible. Carl David Ceder, Attorney at Law, has experience handling many DWI-subsequent offense charges and will devote and listen to the facts of your particular case to create your unique DWI defense suited to the specific scenario of your case.
Article 49.09 of the Texas Penal Code lists ENHANCED PENALTIES:
(a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated.
If you have been arrested for DWI second offense in Texas, it likely will be filed a Class “A” Misdemeanor, with a possible range of punishment of confinement not less than 30 days and up to one year in the county jail and/or up to $4,000 in fines. An individual is also eligible for possible community supervision, or probation, for as long as two years, but also which would include a certain amount of jail time as a condition and an additional driver’s license suspension for as long as two years. There is no limit on how long ago your prior DWI conviction occurred, the state of Texas can use any prior DWI conviction to enhance your current charge of Driving While Intoxicated 2nd Offense.
SECOND DWI CONVICTION PENALTIES IN TEXAS
Additional punishments for a second DWI conviction can include any, all, or a combination of the following:
- Installation of an ignition interlock device;
- A fine up to $4,000;
- Possible community supervision;
- Monthly reporting to a probation officer;
- Court costs;
- Driver’s license suspension from 180 days to two years;
- Community service up to 200 hours;
- Attendance at an approved alcohol or drug education program;
- DWI repeats offender class;
- Possible substance abuse counseling; and or
- Additional fees to calibrate an ignition interlock device each month.
Additionally, an individual who receives a second DWI in Texas, within five years of any previous DWI offense, is subject to possibly receive a driver’s license suspension within a range of one, and not to exceed to two years. An ignition interlock device is also required under Section 49.09 of the Texas Penal Code when an individual has been convicted for a second DWI offense that was committed within five years of the previous DWI offense.
Contact Ceder Law Firm | Texas Attorney Defending Second DWI Offenses
If you have been arrested for a second DWI, then contact an experienced Dallas-Forth DWI Defense Attorney to discuss the particular facts and circumstances of your DWI-2nd. Attorney Carl David Ceder is available to talk with you about your DWI case for representation in Dallas County, Collin County, Denton County, Tarrant County, Rockwall County, and any other surrounding areas. The Law Offices of Carl David Ceder, PLLC, has successfully defended criminal cases all over the State of Texas. You can contact The Law Offices of Carl David Ceder at any time for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394) to discuss your criminal case. You can also e-mail Carl directly, at [email protected]; or to the office for general inquiries at [email protected]. Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance.
