If you’ve been arrested for a second DWI in Plano, Texas, you already know how the process works, but that doesn’t make it any less serious or stressful. Texas law imposes more serious penalties for repeat DWI offenses, including a longer potential jail sentence. A prior conviction doesn’t mean you will automatically be convicted this time, but it can make the consequences more serious if you are convicted.
A second DWI charge can still present factual and legal issues that may be challenged. When you’re dealing with these charges, Texas Defense Firm can help you examine the evidence and fight back. Contact us today at (972) 369-0577 to schedule your confidential case consultation.
Why Choose Texas Defense Firm for Help If You’re Arrested for a 2nd-Time DWI in Plano, TX?
Drivers across Plano, TX, turn to Texas Defense Firm because second DWI cases require careful attention to both the new charge and the prior conviction being used to enhance it. Our Plano criminal defense lawyers have extensive experience handling DWI cases and other serious criminal charges.
Some of the benefits of hiring our Plano criminal defense attorneys include:
- 200+ years of combined experience
- More than 300 five-star Google reviews
- Attorneys who are Board Certified in Criminal Law by the Texas Board of Legal Specialization
- Attorneys recognized by Super Lawyers
- Services available in English and Spanish
The sooner we get involved in your criminal defense case, the sooner we can begin reviewing the evidence and building your defense. Reach out today to schedule your case evaluation with a Plano DWI lawyer.
Understanding 2nd-Time DWI’s in Texas
Under Texas law, a person commits driving while intoxicated (DWI) when they operate a motor vehicle in a public place while intoxicated. A person is considered intoxicated if they do not have the normal use of their mental or physical faculties because of alcohol, drugs, or another substance, or if they have an alcohol concentration of 0.08 or higher.
A second DWI generally means you’re facing a new DWI charge, and the State is alleging one qualifying prior intoxication-related conviction for enhancement purposes. In the typical case involving one qualifying prior conviction, the new DWI is enhanced to a Class A misdemeanor.
Texas law does not impose a general look-back period that automatically prevents an older qualifying DWI conviction from being used for enhancement. Certain out-of-state convictions may also qualify, depending on the elements of the prior offense.
What Are the Penalties for a 2nd-Time DWI Conviction in Plano, Texas?
A second DWI conviction generally carries more serious penalties than a first offense.
These can include:
- Jail time: Between 30 days and one year in county jail
- Fines and fees: A fine of up to $4,000, plus applicable court costs and fees
- License suspension: Between 180 days and two years
- Other conditions: Alcohol education or treatment, drug or alcohol testing, community service, supervision requirements, and an ignition interlock device in applicable cases
An ignition interlock device may also be required as a condition of release while a subsequent DWI charge is pending or as a condition of community supervision after a conviction. A conviction can also affect your employment, professional licensing, insurance rates, and other areas of your life.
Our Plano 2nd-Time DWI attorneys can help you understand the full implications of a second DWI offense and work to mitigate the consequences.
What Defenses Can Be Raised If I’m Arrested for a 2nd-Time DWI?
A prior conviction doesn’t lower the State’s burden of proof. Every element of the new charge still has to be proven beyond a reasonable doubt, and the facts and evidence in a DWI case can be challenged.
Possible defenses your Plano criminal defense attorney may consider include the following.
The Traffic Stop Was Unlawful
Police generally need reasonable suspicion or another lawful basis to stop your vehicle. If the officer did not have a valid reason for the stop, evidence obtained as a result may be subject to suppression.
The effect of suppressing evidence depends on what was obtained after the stop and how important it is to the State’s case. In some situations, excluding key evidence can substantially weaken the prosecution’s case.
The Breath or Blood Test Was Unreliable
Chemical testing is not immune to error. Breath-testing equipment must be properly maintained and operated, and blood samples must be collected, stored, and analyzed according to required procedures.
Problems with the equipment, testing process, sample handling, or laboratory analysis may raise questions about whether the results are reliable or admissible.
The Prior Conviction Does Not Qualify
A second-offense enhancement depends on the State proving a qualifying prior conviction. That issue can sometimes be challenged.
If the earlier conviction cannot be properly established or does not legally qualify for enhancement, the State may be unable to treat the new charge as a second offense. Similar issues can arise when prosecutors rely on an out-of-state conviction.
The State Cannot Prove You Were Operating the Vehicle
The State has to prove that you were operating the vehicle while intoxicated. An officer does not necessarily have to personally see the vehicle moving, so this defense depends heavily on the circumstances.
For example, your lawyer may examine where the vehicle was located, whether it was running, witness statements, video footage, and other evidence bearing on whether you were operating it. If the State cannot prove that element beyond a reasonable doubt, it cannot obtain a DWI conviction.
No matter the situation, our Plano criminal defense lawyers can review the evidence and determine which defenses make sense based on the facts of your case.
Schedule a Confidential Case Evaluation With Our Plano 2nd-Time DWI Lawyers Today
A second DWI arrest can be more overwhelming than the first, even when you already understand parts of the process. Texas law provides more serious consequences for qualifying repeat offenses, but an arrest is not the same as a conviction.
Texas Defense Firm has handled DWI and criminal cases for decades. Our team will carefully review the circumstances of your arrest, the evidence against you, and the prior conviction the State intends to use. Before you assume the worst, reach out so we can explain your options and what to expect moving forward.
Call the firm today to schedule your case evaluation with a Plano 2nd-time DWI attorney.
