What is a DWI Second in Texas?
A DWI-Second is a Class A misdemeanor punishable by 30 days to 1 year in county jail and up to a $4,000 fine. Complicating matters is the fact that probation for a second DWI requires “days in jail as a condition of probation.”
2nd DWI Texas No Jail Time
This means any way you cut it if the state has their way – or if you accept an average outcome on a DWI misdemeanor repetition case – you’re going to jail. This is unacceptable for us. One of our top goals in any DWI misdemeanor repetition case is to resolve the case without you going back to jail.
DWI Misdemeanor Repetition in Texas
DWIs are, perhaps surprisingly, not as straightforward as you might expect. You could be arrested for a DWI in Dallas even if you are not driving a car. A DFW area police officer could arrest you even after you have pulled over to the side of the road. That’s because Texas laws prohibit operating a vehicle in addition to driving a vehicle. Yes. Texas DWI laws are strict.
Our Dallas DWI lawyers have handled hundreds of DWI cases and tried more cases to juries than most Texas criminal defense firms. We are also especially adept at defending DWI second cases, which is also referred to as DWI Misdemeanor Repetition.
We have tried more than 500 hundred jury trials and have more than 100 years of experience. We have four board certified criminal specialists and have a proven track record of winning DWI cases in the DFW area and beyond. Most of our lawyers are former district attorneys. So, they know how to make the system work for you. If there is a weakness in your case, our lawyers will find a way to get your case dismissed, get your case reduced, or win at trial. We are Dallas’s top DWI attorneys.
What is a DWI in Texas?
A first-time DWI in Texas, at the minimum, is a Class B misdemeanor, and you can spend up to six months in jail and a $2,000 fine. If you look up driving while intoxicated in the Texas Penal Code, you can see it does not mention driving. A prosecutor just has to prove five things:
- On or about a particular date
- The arrested person
- “Operated”
- A motor vehicle
- While intoxicated
“Operated” is in quotes because it is not defined in the Texas Penal Code. Again, you could be arrested even if your vehicle is on the side of the road. The key is whether your keys are in the car’s ignition. If your vehicle is still on when the police arrive, that could count as “operating” your car. You could even be asleep in your vehicle, but if the car is on and the police believe you are intoxicated, you could be arrested for a DWI.
“Intoxicated” means:
- The person lacked “normal” mental faculties due to an intoxicant;
- The person lacked their “normal” physical faculties to due an intoxicant; OR
- The person had a blood alcohol concentration of .08 or more.
“Normal” is in quotes because it is not defined in Texas DWI laws. So, the first two definitions of being intoxicated—the mental and physical parts—are completely the opinion of the police officer and the prosecutor. And opinions can be attacked and result in not guilty verdicts. We have successfully defended at trial each type of DWI in Dallas. We also have a great track record of getting DWIs dismissed in Dallas before a trial.
What is a DWI Second in Texas?
A DWI second is a driving while intoxicated charge that alleges:
- On or about a particular date
- The arrested person
- “Operated”
- A motor vehicle
- While intoxicated
What you will notice is that it is the same as a DWI, but with the following enhancement: Having been previously convicted of a DWI.
As an enhancement, this is something that is proven in punishment, not guilt-innocence.
DWI 2nd Offense Texas Penal Code
How much jail time for 2nd DWI in Texas?
A DWI second is a Class A misdemeanor and punishable by 30 days to 1 year in jail and up to a $4,000 fine.
Dismissal of your DWI is our top priority.
Our Dallas DWI second lawyers have gotten more than our fair share of DWIs dismissed or reduced. When you hire our firm, you are hiring the best Dallas DWI lawyers. Whether you were arrested in Dallas, Irving, Grand Prairie, Carrollton, Coppell, DeSoto, or Lancaster, we find weaknesses in cases that other lawyers often miss.
You cannot afford not to hire a DWI or DUI lawyer today.
The longer you wait, the more difficult your defense becomes.
You actually have two cases:
(1) The case to suspend your license; and
(2) Your criminal case.
You only have 15 days following your arrest to schedule a hearing to save your license. If you fail to schedule a hearing, your license will be suspended. Give us a call today for a free consultation with experienced DUI and DWI lawyers.
