Whether your criminal defense attorney will be able to have your charges reduced or dropped will depend on your specific circumstances and the prosecutor assigned to your case. In some cases, you might be able to plea down to a lesser charge, like reckless driving, in exchange for giving up your right to trial and pleading guilty. This is a challenge when dealing with a second charge because the prosecutor might not be willing to work with you. If you or someone you know has been charged with a 2nd DWI in Texas, the next steps you take can impact the rest of your life.
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Here are the legal effects of getting a 2nd DWI in Texas. Additional Concerns There is no limit on the amount of time that must have passed between your first and second DWI charge. By Chris Barta , Attorney. You can be convicted of driving while intoxicated DWI in Texas if you operate a motor vehicle in a public place while intoxicated. This article discusses some of the administrative and criminal penalties for a Texas second-offense DWI. If you're lawfully arrested in Texas for DWI within ten years of a previous alcohol or drug-related "enforcement contact" like a prior DWI or refusal to submit to chemical testing the Department of Motor Vehicles DMV can impose enhanced driver's license suspensions and fees—regardless of whether you're ultimately convicted of a DWI.
When you fail or refuse a chemical test see below , the arresting agency will confiscate your license, and you have 15 days from the date of arrest to contest the suspension. If you don't notify the DMV within this timeframe that you want to contest the suspension, your license will remain suspended for 12 months starting the 41st day after your arrest. If you fail a chemical test have a BAC of. If, on the other hand, you refuse a test in violation of Texas's implied consent laws , the DMV will suspend your license for two years.
As a condition of release from jail, the judge will make you install an ignition interlock device IID on any vehicle you drive. During your administrative license suspension, you can immediately obtain an " occupational license " if you have not received any previous alcohol-related license suspensions within the preceding five years. An occupation license is for driving only to and from places like work, school, and places necessary to accomplish essential household duties.
If you have received a license suspension within the preceding five years for a drug or alcohol-related contact with law enforcement, there's an initial 90 day "hard suspension" period during which you won't be able to drive at all. And if your law enforcement contact was within the preceding five years, your hard suspension increases to days. Alcohol-Related Offenses September 29, Serve probation.
If granted probation, you will be required to complete a hour class in an authorized Alcohol Education Program unless the requirement is waived by the presiding judge.
Evidence of completion of the appropriate Alcohol Education Program must be submitted to the Department within days from date of conviction or the driver license will be revoked. A Reinstatement fee will be required if the driver license is revoked; Install an ignition interlock device on your vehicle as a condition of driving.
If your driving privilege is suspended in addition to the interlock requirement you may be eligible to apply for an Occupational driver license. If you need to drive for work or essential needs purposes during the suspension period please contact your resident county court or justice of the peace court for information on how to apply for an order granting an Occupational driver license. DWI for Minors If you are under 21 years of age at the time of the violation and are convicted of DWI you will receive a one-year driver license suspension subsequent alcohol related offenses may result in an 18 month suspension.
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