DWI Second in Texas

A second DWI in Texas is an offense with a unique punishment range. The minimum time in jail on a second DWI is 30 days and the maximum is 1 year. Even though it has a unique minimum time in jail requirement, it is considered a Class A misdemeanor.

Jailtime as a Condition of Probation on a DWI Second in Texas

Even a probated sentence requires time in jail. 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 time a person can do as a condition of probation on a misdemeanor is 30 days. The longest time a person be originally sentenced to probation for on a misdemeanor in Texas is two years.

Other Conditions of Probation of DWI Second in Texas

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 of DWI Second in Texas

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 DWI Second in Texas

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 DWI Second Convictions in Texas

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.

DWI 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.

DWI 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 charge 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.

Intoxication in Texas

What can our attorneys do to help you?

In some cases, we are able to find a weakness in the State’s case and can obtain a dismissal of charges against you. In other cases, we might have a legal issue that we can prevail on which could also lead to a dismissal of the charges. While these outcomes are rare, it takes an experienced eye to spot these issues and prevail on the issues. More commonly, we are finding sufficient issues with the State’s case and walking you through things that you can do proactively to keep you out of jail. As you’ve no doubt realized, if the State persists in its desire to convict you of a Second DWI, the consequences are much worse than if they prosecute you for a DWI first. Therefore, even in the worst cases, we come up with a plan that will maximize your chances to have the State drop the enhancement of the charge to a “Second.”

We have tried over 200 intoxication-related cases, including DWI Second charges, felony DWIs, and Intoxication Manslaughter charges. We’ve also handles thousands of cases that did not go to trial. If you are looking for an experienced group of attorneys to defend you, look no further.

Contact Us
Call today for a complimentary strategy session. During this call we will:

  • Discuss the facts of your case;
  • Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
  • Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.

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