Driving while intoxicated (DWI) in Texas is a serious crime. The state has strict laws in place to prevent people from getting behind the wheel after drinking too much. A first-time DWI offense is already a big deal, but when someone gets caught a second or subsequent time, the consequences become even more severe. Texas laws are designed to keep repeat offenders off the road and to protect others from the dangers of drunk driving. If you or someone you know has been arrested for a second or more DWI offense in Texas, it is important to understand the penalties involved. At, Wilder Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding DWI in Texas
In Texas, a DWI means a person was caught driving with a blood alcohol concentration (BAC) of 0.08% or more. However, a person can also be arrested for DWI if their mental or physical state is affected by alcohol or drugs, even if their BAC is under 0.08%. The goal of these laws is to stop impaired drivers from causing harm to themselves and others.
When it comes to second or subsequent DWI offenses, Texas law does not take things lightly. Each time someone is convicted of DWI after their first offense, the penalties become more severe. Texas wants to deter drivers from repeating the same mistakes, so the legal consequences increase with each offense.
Penalties for a Second DWI Offense
If a person is convicted of a second DWI in Texas, the penalties are much harsher than the first offense. A second DWI is classified as a Class A misdemeanor. While this is still a misdemeanor, the punishment can have long-lasting impacts on a person’s life. A second DWI conviction can lead to jail time, fines, and a longer driver’s license suspension.
A person convicted of a second DWI offense could face up to one year in jail. The minimum jail time for a second offense is 30 days, meaning even if it’s your second offense, you can’t avoid spending some time in jail. Texas law requires that some form of jail time be served, even if it’s a lesser amount of time compared to the maximum one-year sentence.
Along with jail time, the court may impose fines. The maximum fine for a second DWI conviction can be as high as $4,000. These fines are a significant financial burden, and that doesn’t even include other expenses such as legal fees or increased insurance costs.
PROTECTING YOUR RIGHTS AND FUTURE Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
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Your driver’s license is also at risk if you are convicted of a second DWI. The state of Texas may suspend your driver’s license for up to two years. This means you could be without the ability to legally drive for a long period of time, which can make getting to work or handling other daily activities much harder. The court may require the use of an ignition interlock device (IID) once your license is restored, which is a device installed in your vehicle that prevents it from starting if it detects alcohol on your breath.
Penalties for a Third or Subsequent DWI Offense
The stakes get even higher for a third DWI offense. In Texas, a third DWI conviction is classified as a third-degree felony. This means that a third or subsequent offense is no longer treated as a misdemeanor but as a felony, which comes with much steeper penalties.
If convicted of a third DWI, you could face between two and ten years in state prison. Unlike a second offense where some time in county jail may be required, a third DWI conviction means you will likely serve time in state prison. This is a major step up in punishment and can greatly impact your future. A felony conviction on your record can follow you for the rest of your life, making it harder to find a job or housing.
Fines for a third or subsequent DWI conviction can also be quite steep. A person convicted of a third DWI could face fines up to $10,000. This amount does not include other costs like court fees, legal expenses, or the costs of complying with the terms of probation. Additionally, the court may order you to install an ignition interlock device once you are allowed to drive again, similar to a second offense.
Driver’s license suspension becomes more severe with a third DWI conviction as well. Your license could be suspended for two years or more. This long suspension period can significantly affect your ability to work, take care of your family, and handle other important responsibilities.
Better call Doug!! Doug is the best lawyer you can find for DWI or DUI cases in Dallas. I read many reviews before choosing Doug for representing my case. Doug handled DWI and DUI cases for last 25 years, He has good relationships with DA office and is Well respected in the community. I have peace of mind with plea bargain today for my case. He also won other case filed on my license suspension. Amy (Paralegal) will help you through out the case. She is very persistent and detailed about the case details. You will never go wrong for chosing Doug. Goodluck. !!” - Anil Lingutla I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10." - Isaac Harrell After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm." - JJ Canter
Long-Term Consequences of Multiple DWI Convictions
In addition to the penalties imposed by the court, there are many long-term consequences of having multiple DWI convictions on your record. Being convicted of a second or subsequent DWI can lead to an increase in insurance rates. Most insurance companies will label you as a “high-risk driver,” which means your car insurance rates will go up. Some companies may even refuse to cover you after a second or third DWI conviction.
A felony conviction, such as a third or subsequent DWI, can have even more serious consequences. With a felony on your record, you may lose certain rights, such as the right to vote or own firearms. A felony conviction can also limit your employment opportunities, as many employers are less likely to hire someone with a criminal record. Housing can also become an issue, as landlords may hesitate to rent to someone with a felony conviction.
Another long-term consequence is the impact on your personal and professional relationships. Multiple DWI convictions can strain relationships with family members, friends, and coworkers. It can also affect your reputation in your community, making it difficult to regain trust.
Seeking Legal Help for DWI Charges
If you have been arrested for a second or subsequent DWI in Texas, it is important to seek legal help immediately. The penalties for multiple DWI offenses can be life-changing, and having the right defense can make a big difference in the outcome of your case. A legal guide who understands Texas DWI laws can help you navigate the court system, explain your options, and work towards the best possible result for your situation.
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There are many factors that can impact your case, including the details of your arrest, the accuracy of the breathalyzer or blood test, and any previous offenses on your record. An experienced legal guide will review every aspect of your case to determine the best defense strategy for you. It is important to remember that just because you were arrested does not mean you will automatically be convicted. A skilled legal guide can challenge the evidence against you and fight for your rights in court.
Facing a second or subsequent DWI offense in Texas is serious, but you don’t have to go through it alone. The consequences of multiple DWI convictions can affect every aspect of your life, from your job to your relationships. It is crucial to have an experienced legal guide on your side who can fight for your rights and help you through the legal process.
At Wilder Law Firm, we understand how overwhelming it can be to face these charges, especially if this isn’t your first offense. Our team is dedicated to helping individuals navigate the legal system and achieve the best possible outcome for their cases. If you are facing a second or more DWI charge, don’t wait to get the help you need. Call us today to discuss your case and learn how we can assist you. Reach out to Wilder Law Firm for a consultation and let us help you take the right steps to protect your future.