Second DWI
A very common offense committed in the state of Texas is driving while intoxicated also known as DWI. It’s so common that it’s not unheard of for hard-working professional Texas citizens to receive not only one, but two DWIs in their lifetime. Despite the frequency of which these crimes are committed, the state of Texas is still infamous for its harsh DWI penalties.
In Texas, there is no “look-back period” for DWI convictions. That means any prior DWI conviction on your record could be used to enhance your penalties. Even if the DWI occurred years or even decades ago. If you or someone you know has been charged with a second DWI, then it’s within your best interest to secure legal representation as soon as possible.
Houston Second DWI Offense Lawyer | Repeat DWI Offenders in Texas
The penalties for DWI are incredibly serious, and if it’s second conviction then your charges will be reclassified to a higher level. Instead of a class B misdemeanor you’ll be facing a class A misdemeanor, which can result in a lengthy jail term. For these and many other reasons, we highly encourage you to contact Brian Benken of The Benken Law Firm.
Brian Benken has years of experience in criminal defense with a special focus in DWI law. He’s passionate about defending his client’s rights and will work tirelessly for your rights. Call The Benken Law Firm today at (713) 223 - 4051 to set up your first consultation free of charge. The Benken Law Firm accepts clients throughout Houston, Harris County, and all parts of Texas including Bellaire, West University Place, Montrose, The Heights, and Uptown.
Information Center:
- Second DWI in Texas
- Penalty for Second DWI in Texas
- Installation of an IID after Second DUI
- Additional Resources
Second DWI in Texas
Under Texas law, driving while intoxicated is a serious offense that can be located under the Penal Code Section 49.04. In order to convict, the prosecution must prove the following elements beyond a reasonable doubt to the jury.
- You were driving an automobile on Texas public roads; and
- You had a BAC of .08 or higher or your physical and mental faculties were impaired substantially due to drugs or alcohol
Law enforcement utilize blood alcohol concentration (BAC) to determine if a person is inebriated. Officers calculate BAC by using chemical tests to measure the amount of alcohol in your system. These tests include breathalyzers (breath analysis), blood analysis, and urine analysis. Under the Penal Code, law enforcement measures alcohol concentration by number of grams of alcohol per:
- 100 milliliters of blood
- 210 liters of breath
- 67 milliliters of urine
For most, the legal limit is .08 BAC. Commercial drivers and underaged drivers have a different legal limit. These legal limits include:
- .04 BAC for a commercial driver over at or over the age of 21
- .02 BAC for a non-commercial driver under the age of 21
Second DWI in Texas Penalties
Driving while intoxicated is a serious offense in the state of Texas, but if it’s your second offense the penalties are even worse. Offenders with multiple DWI convictions face harsher consequences and often have additional conditions imposed to their sentence. In Texas, a second DWI will result in a class A misdemeanor, which is punishable by:
- A fine of up to $4,000
- 200 hours of community service
- Completion of a DWI Course
- Two-year license suspension
- 12-month community supervision
- Three-year $2,000 annual surcharge by DPS for three years
- Installation of an ignition interlock device on your vehicle
- Minimum of 27 hours in jail and a maximum of 12 months in jail
If you have a child passenger in the car, then your crime will be reclassified to a state jail felony. The maximum punishment for a state jail felony includes:
- Up to 24 months in state jail
- A possible fine of up to $10,000
Installation of an IID After Second DWI
After a second DWI conviction, the judge will likely court-order you to install an ignition interlock device to your car if you want to continue to drive. An ignition interlock device is basically a breathalyzer attached to your car’s engine. The way it works is that it’s connected to your vehicle’s engine and if you want to start the car, you have to submit a breath sample. If the sample reads a BAC at or above .08, the car’s engine will turn off.
You will have to pay the full installation yourself and pay monthly calibration fees. You must have the IID installed if you want to drive.
Additional Resources
IID Laws in Texas – Visit the official website of Texas Transportation Code to learn more about laws surrounding ignition interlock devices. Access the statute to learn requirements for IID vendors, how long an IID is required and how it applies to restricted licenses.
Ignition Interlock Devices – Visit the official website of the Texas Department of Public Safety (DPS) to learn more about IID. Access the site to find more information about required fees, what happens to your license and where to submit IID compliance documents.
Second DWI Defense Lawyer in Harris County, TX
If you or someone you know has been charged with DWI, it’s crucial you call an experienced attorney like Brian Benken. You could possibly face serious consequences including fines and even time in prison. You may even have to install an ignition interlock device to your vehicle if you’re convicted of a second DWI.
Call The Benken Law Firm today at (713) 223 - 4051.
