A second Driving While Intoxicated conviction can result in serious penalties, including mandatory minimum jail sentences, required driver’s license suspension, possible fines, monthly reporting to a probation officer, a possible criminal record, and/or requirements to file for verification and proof of SR-22 poof of liability insurance for at least two years.
Texas law statutorily requires all county courts to order any person who has been convicted of a second DWI within five years of the previous DWI offense to install and maintain a "deep-lung" device in their car. This is commonly known as an ignition interlock device and requires the operator of a car to make periodic blows into the machine before their car will start. If the machine detects any alcohol in their breath when blowing into the device, the car will not start, and it will send the result to whichever agency maintaings the device.
***Warning: If you have refused to submit to chemical testing or failed a blood or breath intoxication test for DWI, you only have 15 days to request an administrative license hearing to get contest the suspension to get your license back. This is called an "ALR Hearing" request, and we advise all those we represent to request one within this time period.
Second DWI Offense
If you have been charged with a second DWI offense in Texas, it is vital to employ an attorney with the expertise, reputation, and experience to mount the best defense possible. Carl David Ceder, Attorney at Law, has experience handling many DWI-subsequent offense charges, and will devote and listen to the facts of your particular case to create your unique DWI defense suited to the speficic scenario of your case.
According to Section 49.04 of the Texas Penal Code, an individual can be charged with a DWI in Texas if they meet all of the following elements:
- They are intoxicated;
- While operating a motor vehicle; and
- While doing so operates the vehicle in a public place.
If an individual has previously been charged and convicted with any of the following DWI offenses, they can be charged with a second Driving While Intoxicated offense under Section 49.09(a) of the Texas Penal Code:
- Driving While Intoxicated - Section 49.04 of the Texas Penal Code;
- Driving While Intoxicated with a Child Passenger - Section 49.045 of the Texas Penal Code
- Flying While Intoxicated - Section 49.045 of the Texas Penal Code
- Boating While Intoxicated - Section 49.06 of the Texas Penal Code
- Assembling or Operating an Amusement Ride While Intoxicated – Section 49.065 of the Texas Penal Code
- Intoxication Assault - Section 49.07 of the Texas Penal Code
- Intoxication Manslaughter - Section 49.08 of the Texas Penal Code
Second DWI Conviction Penalties in Texas
DWI - 2nd: Class A Misdemeanor
Potential range of punishment: Confinement for a minimum of 72 hours, up to a maximum term of 365 days in a jail, and/or a fine not to exceed $4,000.00.
Statute: Texas Penal Code: Section 49.09
A second DWI conviction in Texas is usually filed by information, and treated, as a Class A misdemeanor conviction, which is punishable by a mandatory minimum term of 30 days in jail, and a maximum of one year in jail. Additional punishments for a second DWI conviction can include any, all, or a combination of the following:
• Installation of an ignition interlock device;
• A fine up to $4,000;
• Possible community supervision;
• Monthly reporting to a probation officer;
• Court costs;
• Driver’s license suspension from 180 days to two years;
• Community service up to 200 hours;
• Attendance at an approved alcohol or drug education program;
• DWI repeat offenders class;
• Possible substance abuse counseling; and/or
• Additional fees to calibrate an ignition interlock device each month.
Additionally, an individual who receives a second DWI in Texas, within five years of any previous DWI offense, is subject to possibly receive a driver’s license suspension within a range of one, and not to exceed to two years. An ignition interlock device is also required under Section 49.09 of the Texas Penal Code, when an individual has been convicted for a second DWI offense that was committed within five years of the previous DWI offense.
Contact Us Now: The Law Offices of Carl David Ceder
Contact The Law Offices of Carl David Ceder today for a consultation about your second drinking and driving offense throughout the Dallas-Fort Worth Metroplex, and/or anywhere in Central Texas. Carl David Ceder is an experienced Texas DWI Defense Attorney who is devoted to doing everything possible to help you achieve the best possible best outcome for your particular situation. Contact The Law Offices of Carl David Ceder now for a consultation about your alleged second DWI offense, regardless of where the offense has allegedly said to to have taken place.
It is crucial that you seek counsel from an experienced Texas DWI Defense Attorney If you have been charged with DWI or any other intoxication-related criminal offense. Carl David Ceder is an aggressive Texas DWI Defense Attorney, with prior successful results any various counties literally spread out over the entire State of Texas, and is firmly committed to protecting the rights and freedom of the accused. Call 214.702.CARL(2275) or 469.2000.DWI(394) at any time to discuss your case with Carl or another representative of his firm.