Under Texas Law a DWI 2nd occurs when you are arrested for DWI with a previous driving while intoxicated conviction.
For example, in 2004 Jake is arrested for DWI and pleads guilty. In exchange for his guilty plea he receives 1 year probation. Jake successfully completes his probation. Then in 2018 Jake is again arrested for DWI, but because of the prior driving while intoxicated conviction, Jake is now charged with a DWI 2nd.
What is the difference in punishment from a DWI and Second DWI in Texas?
A DWI first is a Class B misdemeanor punishable up to 180 days in jail and up to a $2000 fine.
A DWI 2nd is a Class A misdemeanor punishable up to 1 year in jail and up to a $4000 fine. It is also possible to have your driver’s license suspended 180 days to 2 years.
In addition, by law, a second dwi carries a mandatory 3 days in jail or 5 days in jail if the previous driving while intoxicated conviction used to enhance the DWI is within the last 5 years.
Using the example above if Jake’s two DWI arrests were within 5 years of each other, he would face a mandatory 5 days in jail as a condition of probation.
Potential Second DWI Consequences
If you are charged with a subsequent or second DWI there Texas law requires you install an ignition interlock on your vehicle as a condition of bond. Operating a vehicle without an ignition interlock can result in your bond being revoked and you being placed back in custody.
Texas Second DWI
Second DWIs must be handled by an experienced DWI attorney. Texas law allows the jury to hear this is a person’s second DWI making defending the case more difficult. However, defending the case is similar to defending a DWI 1st and The Adamo Law Firm has the experience, knowledge and resources to defend and has successfully defended many persons accused of second DWIs.
If you are someone you know has been charged with an intoxication offense contact The Adamo Law Firm to fight your case.