Second-Offense DWI Charges

Any DWI charge is serious, but you can face additional jeopardy if you have a prior conviction on your record at the time of your arrest. Under the Texas Penal Code Section 49.04, you may face a fine of up to $4,000 and a jail term of up to one year as a DWI- 2nd offense is considered a class A misdemeanor regardless of your blood alcohol concentration (BAC) level. While judges rarely sentence anyone to the maximum in these cases, the law does require a minimum sentence of three days in jail.

There are also situations where a second-time DWI is treated as a felony offense. Some of the situations that could lead to a felony charge include:

• Having a child passenger in the car
• Causing an accident that led to an injury
• Causing a fatal accident

Note: There are different penalties depending on whether a charge is your first, second, or third+ DWI offense.

Intoxication Defined

Texas law defines intoxication as either a BAC level of .08 or higher or loss of control of the normal use of your mental or physical faculties due to the introduction of alcohol or other dangerous drug. A BAC level of .08 or higher is per se (direct) evidence of intoxication. This means that even if you feel completely fine behind the wheel and do not exhibit any classic signs of intoxication (such as slurred speech or loss of balance) you can still be convicted of driving while intoxicated if the state can prove your BAC was .08 or higher at the time of operating the vehicle. This can be shown either through a breath or blood test.

Besides a high BAC level, the State can convict you for DWI if they can provide enough evidence that you lost control of your mental or physical faculties due to the introduction of alcohol or other dangerous drug. Unlike the BAC level, this is typically proven through circumstantial evidence. Evidence of loss of control of metal or physical faculties can include:

• Poor judgment when driving (such as swerving between lanes of traffic or driving significantly under the speed limit)
• Slurred speech
• Bloodshot and glossy eyes
• Poor performance of the Standard Field Sobriety Tests (SFSTs)
• Odor of an alcoholic beverage
• Admission to drinking
• Loss of balance
• Stumbling when reaching for driver’s license or insurance
• Inability to follow directions

It is important to note that no one factor is enough for the state to convict you. The state will need to provide enough direct or circumstantial evidence to prove you were driving while intoxicated beyond a reasonable doubt

No deferred adjudication for DWI Second-Offense

Deferred adjudication is a special type of probation where if you complete it your case will be dismissed. The Texas legislature amended the DWI statute to allow deferred adjudication on first offenses. However, deferred adjudication is not available for subsequent DWIs. That means if you are granted probation, you will have a conviction on your record. It is possible through skillful negotiation to have a second-offense enhancement waived. In those cases, you would be allowed to take deferred adjudication on a plea.

Defense Strategies for a Second-Offense DWI in Texas

There are two common approaches that attorneys often rely on in a DWI case. They include challenging the legality of your traffic stop and the accuracy of your chemical tests.

The police are prohibited from pulling you over without a good reason. If they make a traffic stop without reasonable suspicion that you have committed a crime, any evidence collected could be excluded by the judge. This can drastically weaken the state’s case against you.

The results of blood or breath tests are often central to the State’s case. If the police failed to collect or store those samples according to official guidelines, it can lead to the results being inaccurate. Inaccurate results could lead the court to throw out the results entirely.

Talk to an Attorney About Your DWI Case

If you have been arrested under suspicion of your second DWI, it is important that you put your trust in the hands of a dedicated defense lawyer. At Barton & Associates, Attorneys at Law, PLLC, our attorneys are prepared to rely on our experience and skill to help you get a fair outcome.

We could file motions to exclude evidence, take your case to trial, or negotiate with the state for lesser charges. We will provide you with all available options, but you have the final say in determining your defense strategy. Call us today to learn more.