DWI Misdemeanor Repetition – DWI Second in Texas

A second DWI is considered “DWI Misdemeanor Repetition” in Texas. The punishment range for the hybrid offense of DWI Misdemeanor Repetition is 30 days to 1 year in county jail. In a counterintuitive twist, even if you are granted probation, you must serve jail time as a condition of probation for a DWI second in Texas. The direct and collateral consequences of a DWI second are far more significant than for a first-time DWI. Even more concerning is the fact that if you are convicted of DWI Misdemeanor Repetition, any future allegation of drinking and driving will result in a felony charge. There are few cases that have to be handled with more care than a DWI misdemeanor repetition charge in Texas.

DWI Defense Team at Varghese Summersett

At Varghese Summersett, we understand the gravity of facing a DWI Misdemeanor Repetition charge in Texas. Our dedicated DWI defense team is comprised of experienced attorneys who specialize in handling these complex cases. We have built a reputation as one of the best law firms for DWI defense in Texas, and here’s why:

  1. Expertise: Our team includes former prosecutors and board-certified criminal law specialists who have an in-depth understanding of Texas DWI laws and the tactics used by the prosecution.
  2. Proven Track Record: We have successfully defended numerous clients against DWI second charges, often achieving case dismissals, reduced charges, or favorable plea bargains.
  3. Personalized Approach: We recognize that every case is unique. Our attorneys take the time to thoroughly investigate the circumstances of your arrest, scrutinize evidence, and develop a tailored defense strategy.
  4. Comprehensive Support: We not only focus on the legal aspects of your case but also provide guidance on dealing with administrative issues such as license suspension hearings and ignition interlock requirements.
  5. Cutting-edge Defense Techniques: Our team stays up-to-date with the latest developments in DWI law, forensic science, and defense strategies to give you the best possible representation.
  6. Trial Experience: If your case goes to trial, you can rest assured that our experienced litigators will provide aggressive and effective courtroom representation.

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Jail as a Condition of Probation on a Second DWI

A DWI Second in Texas is a hybrid Class A misdemeanor punishable by 30 days to a year in jail. Even though it has a unique minimum time in jail requirement, it is considered a Class A misdemeanor.

As mentioned earlier, even a sentence of probation requires time in jail for a second DWI. If the prior DWI was within the last five years, your minimum time in jail on a probated sentence is five days. If the prior DWI was longer than five years ago, the minimum time in jail on a probated sentence is 72 hours. The most jail time a person can do as a condition of probation for a second DWI is 30 days.  The judge can impose up to two years of probation.

Other Conditions of Probation

You will have to complete the following conditions, and possibly more, for a DWI Second charge in Texas:

  • DWI Repeat Offender Program (DWI ROP)
  • Substance Abuse Evaluation/ Treatment Alternatives to Incarceration Program (TAIP)
  • Interlock as a Condition of Probation
  • Community Service
  • Victim Impact Panel

Bond Conditions

If you are charged with a DWI Second in Texas, you should expect the court will require you to have interlock installed on any vehicle you operate while you are out on bond. You should also expect the judge to add a condition that says you shall not consume alcohol while you are bond.

Fines for a Second DWI

A fine of up to $4,000 will be imposed for a DWI Second charge in Texas. This is true for jail sentences and probated sentences.

License Surcharges for  Second Intoxicated Driving Convictions

If you are convicted of a DWI Second in Texas, you should expect a $2,000 per year surcharge on your Driver License for three years, for a total of $6,000.

Our lawyers are your bridge over troubled waters.

Second Investigation and Prosecution

While the punishment range for a DWI Second is very different from a first-time DWI, the burden of proof and elements other than the prior are the same as that of a DWI first. For more information on DWI investigations and prosecutions in Texas, don’t miss this article: DWIs in Texas .

Second License Suspensions

The criminal court judge may suspend your driver license for up to two years if you receive a jail sentence on a DWI Second offense in Texas. Administratively, your license will be suspended for one year if your driving record shows more than one DWI-related contact during the last 10 years.

Our criminal defense attorneys stand between you and the government

Due to the potential for elevated penalties for a second offense DWI in Fort Worth, it’s imperative to reach out to experienced DWI lawyer. Call 817-203-2220 for a free consultation.

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