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Second offense DWI charges in Grapevine are unique because the sentence requires jail time – even if you get probation, as counter-intuitive as that may seem.
Prosecutors take second DWI charges very seriously, especially if the second charge is relatively close in time to the first DWI. The opposite is not true, however: prosecutors can pull and use priors from decades ago to allege the current arrest is a “misdemeanor repetition” case.
If you are facing your second DWI charge, it’s important to contact our skilled team of attorneys right away. With over 100 years of experience, we have the knowledge and expertise to help you fight these charges and obtain a positive resolution.
The penalties for a DWI second offense in Grapevine ranges from 30 days to up to one year in jail, as well as a fine of up to $4,000. Probation is common in DWI-second cases, however, you will be required to serve jail time as a condition of probation.
The amount of time between DWIs impacts the amount of jail time a defendant serves. In Texas, if someone picks up a second DWI arrest within five years of their first one, they must serve at least five days in jail on a probated sentence. If the prior DWI was more than five years ago, the minimum time in jail on a probated sentenced is 72 hours.
One of our primary goals for a second DWI is to try to get the enhancement waived so that it is no longer a second DWI. Beyond that, we are looking for weaknesses in the case that can help leverage an extraordinary outcome.
Unlike a first-offense, there is a diversion program for a second offense DWI. This is not a true diversion program, because it does not divert the defendant from having to face their consequences, but it lessens the burden for some people. The benefits of the program are that the judge has the ability to suspend the days as a condition of probation for which a person would otherwise have to go to jail. The judge also has the ability to suspend or probate some of the fines a person might be looking at. The program is also designed to help people get occupational licenses, so although it is not a true diversion program, it is a possible alternative to the otherwise available options.
A defendant’s license suspension depends on whether or not they voluntarily gave breath or blood. If they agreed to provide a sample, but their alcohol concentration was at 0.08 or greater, it is a six-month license suspension. If they refused to give a specimen, their license is suspended for up to a year. If the driver gets convicted, their license could be suspended for up to two years.
DWI cases out of Grapevine are treated very seriously, because they are one charge away from a felony offense. Most of the judges look at ways to address the defendant’s issues with alcohol, and through the sentence, have a deterrent effect in hopes that they avoid a future DWI. Defendants who receive probation on a second DWI, may be required to take the DWI repeat offender program and TAIP (Substance Abuse) assessment.
It is important to have qualified representation in your corner to understand your legal options and possible ramifications of a DWI-second.
Defending a second offense is different than a first-time DWI because the stakes are much higher. Our attorneys will investigate the prosecution’s case to try and find any weaknesses and leverage them to your advantage. We at Varghese Summersett understand the impact a conviction could have on you and your family. By working with our team of experienced lawyers, you’ll improve your chances of a favorable resolution. Schedule your case consultation today.