Second Offense DWI Attorney in Friendswood, TX
Texas takes driving while intoxicated (DWI) charges of any kind very seriously. The last thing you want is to end up suffering the legal penalties of such a charge. While a first offense can land you with probation, community service, or even jail time, the penalties increase substantially with a second offense. If you have a prior DWI conviction, you will want experienced legal help defending against this charge. A Friendswood second offense DWI lawyer can help you.
The legal team at The Law Offices of Tad Nelson & Associates understands the complexities and consequences of a second offense DWI case. A Friendswood DWI defense lawyer’s main job is to provide you with a sound defense strategy and to inform you of the state’s second offense DWI laws. That way, you can be somewhat prepared for what’s to come. The help of a Friendswood criminal defense attorney during this trying time cannot be overstated.
Second Offense DWI Penalties in Texas
If you are arrested for a second offense DWI in Friendswood, your case will either be handled by a Galveston County Court of Law or a Harris County Court of Law, depending on which side of the city limits you are arrested on. Upon arrest, you should contact a Friendswood criminal defense attorney for help. According to recent data, DWI arrests accounted for over 20% of all criminal cases filed in Texas in 2024. The courts will take this case seriously, so you must too.
The penalties for a second offense DWI in Texas are much more severe than those that come with a first offense. The court may start to view you as a habitual offender, which is not good. DWIs caused over 1,000 fatalities in the state in 2024, which is one of the reasons why the courts won’t hesitate to make an example out of habitual DWI offenders. Here are some of the specific penalties you could face if convicted of a second offense DWI:
- For a second offense DWI, you will face a mandatory minimum jail sentence of 72 hours upon arrest, since a second DWI is a Class A misdemeanor in Texas. If convicted, you could receive anywhere from 180 days to one year in jail.
- You may also have to pay a fine of up to $4,000, which is double the potential fine for a first offense DWI. This fine is in addition to court costs and your own legal fees. This whole ordeal could end up being quite expensive for you on top of everything else.
- You will also automatically lose your driver’s license for at least two years. In Texas, if you fail a breathalyzer test or refuse the test entirely, your license is immediately suspended. You’ll need to request an Administrative License Revocation (ALR) hearing within 15 days of notice to contest the revocation, but it can be hard to challenge the suspension for a second offense DWI.
- It’s likely that you will have an ignition interlock device installed in your car, which forces you to prove your sobriety every time you have to drive. You may also receive probation that includes short-term jail time, or shock time, as it’s sometimes called, and up to 200 hours of community service.
It’s important to take the right precautions to protect yourself if you are facing a second offense DWI conviction. Such a conviction can negatively impact your life in ways you may not have considered. You could lose out on job opportunities because of background checks, you could lose friends and even family members due to the potential shame, and you might even have trouble renting or buying a home. Reach out to an experienced DWI lawyer for help.
FAQs
How Can I Get a Second Offense DWI Charge Reduced in Texas?
If you want to get a second offense DWI charge reduced in Texas, you need to hire a skilled DWI attorney to negotiate a plea bargain. If they can successfully work out an agreement with the prosecutor, they may be able to get your DWI charge reduced to reckless driving or some other lesser charge. Your lawyer can challenge procedural errors in the initial arrest, challenge the prosecution’s evidence against you, and more.
What Is the Average Sentence for a Second Offense DWI in Texas?
There is no average sentence for a second offense DWI in Texas. Every DWI case is different, with every case having its own contributing factors that will directly impact the sentence. Generally, most second offense DWI convictions that don’t include aggravating factors will come with a jail sentence of anywhere between 30 days and one year, up to $4,000 in fines, and a loss of your driver’s license for up to two years.
What Is the Second Chance Law in Texas for DWI?
The Texas Second Chance Law is only an option for first-time DWI offenders. It allows low-level first-time DWI offenders an opportunity to seal their record from public view through an order of non-disclosure.
After completing probation, this is an option if there were no aggravating factors, the blood alcohol concentration (BAC) level was below 0.15%, and an ignition interlock device was installed and used correctly. It doesn’t erase the record, but it does hide it from background checks.
How Much Does a Lawyer Cost for a DWI in Texas?
There are many different factors that will contribute to your lawyer’s fee for a DWI case. If this is your second or third offense, it will likely be much more expensive than a first offense. Other factors that will influence the cost include the severity of the offense, the presence of aggravating factors, your lawyer’s fee structure, and your lawyer’s own resources, education, and experience. It’s not rare to have to pay fees ranging in the thousands.
Hire a Second Offense DWI Lawyer Today
When you are looking at serious penalties upon conviction, you should hire a second offense DWI lawyer as soon as you can. You don’t want to end up in jail because you failed to reach out for help. At The Law Offices of Tad Nelson & Associates, we can bring decades of experience to your case and give you a fair chance. Contact us to speak to a member of our team who can help.