Dallas DWI Second Offense

A second DWI in Texas is a Class A misdemeanor punishable by 30 days to 1 year in jail and up to a $4,000 fine. If the state has their way on a DWI misdemeanor repetition case, you’re going to jail. Our Dallas DWI lawyers refuse to accept this outcome. One of our top priorities in any DWI second offense case is resolving it without you spending time behind bars.

What Are the Penalties for a Second DWI in Texas?

Under Texas Penal Code Section 49.09, a DWI second offense is a Class A misdemeanor. This is more serious than a first-time DWI (typically a Class B misdemeanor) and carries harsher consequences.

Penalties for a DWI second include:

• 30 days to 1 year in county jail
• Fine up to $4,000
• Driver’s license suspension for 180 days to 2 years
• Mandatory installation of an ignition interlock device
• Community supervision (probation) with conditions

One key difference with a second DWI is that Texas law requires “days in jail as a condition of probation.” This means even if you receive probation, the state will push for mandatory jail time. This is why having an experienced Dallas misdemeanor defense lawyer is essential.

Can You Avoid Jail Time on a Second DWI in Texas?

Yes, avoiding jail time on a second DWI is possible with the right defense strategy. Our firm has secured outcomes that include deferred adjudication, reduced charges, and dismissals for clients facing DWI misdemeanor repetition charges in Dallas County and surrounding areas.

Strategies that may help you avoid jail include:

• Challenging the traffic stop (was there reasonable suspicion?)
• Questioning field sobriety test administration
• Challenging blood or breath test results
• Negotiating for deferred adjudication
• Taking the case to trial if the evidence is weak

If you’re facing a second DWI charge, talk to a lawyer before you speak to anyone else. Your freedom may depend on the decisions you make in the next few days.

What Does “Operating” a Vehicle Mean in Texas DWI Cases?

Texas DWI law doesn’t require you to be driving. Under Texas Penal Code Section 49.04, prosecutors only need to prove you “operated” a motor vehicle while intoxicated. The term “operated” is not defined in the statute, which gives officers and prosecutors wide discretion.

You could be arrested for DWI in Dallas even if your vehicle is parked on the side of the road. If your keys are in the ignition and the engine is running, police may consider that “operating” the vehicle. People have been arrested for DWI while sitting in a parked car, sleeping in their vehicle, or simply having the air conditioning running.

To prove a DWI, prosecutors must establish five elements:

• On or about a specific date
• A specific person (you)
• “Operated” a vehicle
• The vehicle was a motor vehicle
• You were intoxicated at the time

How Does Texas Define Intoxication?

Texas law defines “intoxication” in three ways:

• Lacking “normal” mental faculties due to alcohol or drugs
• Lacking “normal” physical faculties due to alcohol or drugs
• Having a blood alcohol concentration (BAC) of 0.08 or higher

The words “normal” and “faculties” are not defined by statute. This means the first two definitions rely entirely on the subjective opinion of the arresting officer. That subjectivity creates opportunities for defense. Our attorneys have successfully challenged officer testimony about mental and physical impairment in DWI trials throughout the Dallas area.

How Is a Second DWI Different from a First DWI?

A DWI second alleges the same elements as a first DWI, plus one additional factor: that you have a prior DWI conviction. This prior conviction is called an “enhancement” and is proven during the punishment phase of trial, not during the guilt-innocence phase.

The punishment range increases significantly:

Offense	Classification	Jail Time	Maximum Fine
First DWI	Class B Misdemeanor	72 hours to 180 days	$2,000
Second DWI	Class A Misdemeanor	30 days to 1 year	$4,000
Third DWI	Third Degree Felony	2 to 10 years prison	$10,000

A third DWI becomes a felony DWI, which can result in state prison time and permanent consequences on your record.

What About Probation for a DWI Second?

Probation (community supervision) is available for a second DWI in Texas. However, Texas law requires days in jail as a condition of DWI probation for repeat offenders. This means even if you receive probation instead of jail time, you may still be required to serve some days in custody.

Standard conditions of DWI probation in Dallas County typically include:

• Reporting to a probation officer
• Attending DWI education classes
• Installing an ignition interlock device on your vehicle
• Random drug and alcohol testing
• Community service hours
• Payment of fines, fees, and court costs

Our goal is to minimize or eliminate jail time, even as a condition of probation. In the right circumstances, we may be able to negotiate alternatives to jail such as weekends in custody, work release programs, or credit for time served.

You Have Two Cases to Fight

When you’re arrested for DWI in Texas, you actually face two separate proceedings:

1. Administrative License Revocation (ALR) Hearing

This is a civil proceeding handled by the Texas Department of Public Safety. It determines whether your driver’s license will be suspended. You have only 15 days from the date of your arrest to request an ALR hearing. If you miss this deadline, your license will automatically be suspended.

2. Criminal Case

This is the DWI charge itself, prosecuted in Dallas County criminal court. This proceeding determines whether you’ll be convicted and what punishment you’ll face.

Both cases require immediate attention. The longer you wait to hire a lawyer, the harder it becomes to build a strong defense. Evidence can be lost, witnesses’ memories fade, and critical deadlines can pass.

Our Dallas DWI Attorneys Fight for Dismissals

Our firm has handled hundreds of DWI cases in Dallas County. We’ve tried more than 500 jury trials and have over 100 years of combined legal experience. Four of our attorneys are board certified criminal law specialists, a distinction held by less than 10% of Texas attorneys.

We look for weaknesses in every case. Common issues we exploit include:

• Illegal traffic stops without reasonable suspicion
• Improperly administered field sobriety tests
• Faulty breath testing equipment or improper calibration
• Chain of custody issues with blood samples
• Officers failing to follow proper procedures
• Video evidence contradicting officer testimony

If there’s a path to getting your case dismissed, reduced, or winning at trial, our team will find it.

Case Result: DWI Charge Reduced in Dallas County

A client was arrested in Dallas County and charged with DWI with a blood alcohol concentration over 0.15. This enhanced charge carries more serious penalties. Our attorney negotiated with prosecutors and secured a plea to a standard Class B DWI with 15 months of deferred adjudication. The client avoided a conviction on their record and the enhanced penalties associated with the elevated BAC charge.

Disclaimer: Past results do not guarantee future outcomes. Each case is different and must be evaluated on its own facts.

Why Choose Varghese Summersett for Your DWI Defense?

Most of our attorneys are former prosecutors. They know how the system works from the inside, including how DAs evaluate cases, what evidence they rely on, and where cases can fall apart. This perspective gives our clients a strategic advantage.

Our track record includes over 1,600 dismissals and more than 800 charge reductions across all criminal cases. When you hire our firm, you’re hiring a team with the resources, experience, and determination to fight for the best possible outcome.

We have four offices across Texas, including our Dallas office serving clients in Irving, Grand Prairie, Carrollton, Coppell, DeSoto, Lancaster, and throughout Dallas County.

Watch: Should You Go to Trial on a Misdemeanor DWI?

 

Related DWI Offenses in Dallas

A DWI can be enhanced or combined with other charges depending on the circumstances. Related offenses include:

• Intoxication assault (if someone is seriously injured)
• Intoxication manslaughter (if someone dies)
• DWI with a deadly weapon
• DWI with a child passenger (automatic felony)

These charges carry significantly harsher penalties and require an aggressive defense strategy from day one.

Frequently Asked Questions About Second DWI in Texas

How long does a DWI stay on your record in Texas?

A DWI conviction remains on your criminal record permanently in Texas unless you qualify for record sealing through a nondisclosure order. It also stays on your driving record and can be used to enhance future DWI charges indefinitely.

Can a second DWI be expunged in Texas?

If you are convicted of a second DWI, you cannot get it expunged. However, if your case is dismissed or you are found not guilty, you may qualify for expunction. Deferred adjudication on a DWI may qualify for a nondisclosure in some circumstances.

What is the lookback period for DWI in Texas?

Texas has no lookback period for DWI offenses. A prior DWI from 20 or 30 years ago can still be used to enhance a current charge to a second or third offense.

Do I need a lawyer for a second DWI?

Yes. A second DWI carries mandatory jail time requirements and can result in up to a year in county jail. The stakes are too high to handle without experienced legal representation. An attorney can identify defense strategies, negotiate with prosecutors, and fight for the best possible outcome.

How much does a DWI lawyer cost in Dallas?

Legal fees vary based on the complexity of your case, whether it goes to trial, and the attorney’s experience level. Our firm offers free consultations so you can understand your options before making any financial commitment.

Schedule a Free Consultation with a Dallas DWI Lawyer

Don’t face a second DWI charge alone. The consequences are too serious, and the clock is ticking on your ALR hearing deadline. Our Dallas DWI attorneys are ready to review your case, explain your options, and start building your defense today. Call us now for a free consultation.