McKinney, TX Second-Time DWI Attorneys

Lawyers for Repeat DWI Charges in McKinney, Texas

While any arrests for driving while intoxicated (DWI) can result in serious penalties, you may be treated more harshly if you have been convicted of DWI in the past. Prosecutors, judges, and officials at the Texas Department of Public Safety who handle driver's license suspensions will all treat a repeat DWI allegation differently than a first offense. The penalties for a conviction are likely to increase sharply.

When you are facing a second DWI charge, you may be unsure about what to expect during your case or how the results of a previous case could affect you. You may be worried about potential jail time or other penalties that could affect your life and your future. At Texas Defense Firm, our lawyers will walk you through exactly what a second DWI charge means, how your case will be handled in court, and what can be done to help you achieve the best possible results. We will be in your corner, working to help you get through this situation successfully.

Why Second DWI Charges Are Treated More Seriously

When you have been arrested for DWI and have a prior conviction on your record, the new charge will not be treated as a Class B misdemeanor like a first-time DWI offense. Instead, the charge will be prosecuted as a Class A misdemeanor, which is a more serious level of offense that carries a wider range of potential penalties.

Court officials will most likely view a repeat offense of intoxicated driving as evidence of a pattern rather than an isolated mistake. Judges and prosecutors may approach these cases with less flexibility and less willingness to offer lenient plea agreements. The options for minimizing penalties may be more limited, and a judge may be more likely to impose harsher punishments after a conviction.

It is important to understand that a prior DWI offense does not need to be recent. There is no amount of time after which a previous DWI conviction will no longer be considered. Even if you were convicted of DWI 10 or 20 years in the past, a new DWI arrest will be classified as a second offense that can result in harsher penalties.

Penalties That Apply to a Second DWI Conviction

A conviction for a second DWI can lead to penalties that go well beyond those that may be imposed following a first offense. A second DWI is a Class A misdemeanor with a punishment range that may be as high as one year in county jail. A second DWI conviction will result in a mandatory minimum jail term of 30 days, and this sentence typically cannot be waived.

Other penalties of a second DWI conviction include fines that may reach up to $4,000, as well as court costs and additional surcharges. A driver's license suspension may last anywhere from 180 days to two years, which is roughly double the period of suspension that applies after a first-time DWI. Any probation terms for a second offense are likely to last longer, and they will involve closer supervision, including more frequent alcohol testing and stricter reporting requirements.

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Proven Advocates Defending Your Rights

From a first-time misdemeanor to a high-stakes federal indictment, our attorneys build defense strategies matched to what you're actually facing. Give us a call at 972-369-0577 to schedule your free consultation.

Defense Options Available in a Second DWI Case

Because of the increased penalties you may face if you are convicted of DWI a second time, a strong defense will be essential. A prosecutor will have the same burden of proof that would apply in any other DWI case. They will need to prove beyond a reasonable doubt that you were operating a vehicle while under the influence of alcohol, drugs, or other intoxicating substances.

Our attorneys can review your case and determine what options for defense may be available. We may take steps such as:

• Challenging the Traffic Stop: We can review police reports and other information to determine whether an officer had a valid legal basis to stop your vehicle in the first place.
• Examining Field Sobriety Testing Procedures: We can review video footage and observations reported by an officer to determine whether field sobriety tests were performed correctly or whether the results of these tests were misinterpreted.
• Challenging Breath or Blood Test Results: We can look at records related to the calibration, maintenance, and use of testing equipment, identifying issues that may allow results to be challenged. We may identify chain-of-custody issues with blood samples and argue that they could have been contaminated, altered, mislabeled, or switched with other samples.
• Reviewing a Prior DWI Conviction: We can look at documentation of a first-time DWI conviction to determine whether it is accurate and whether the current offense is truly a second offense.

Contact Our McKinney Second DWI Defense Lawyers

Because of the consequences you may face for a second DWI charge, it is crucial to have legal representation during your case. At Texas Defense Firm, our lawyers can carefully review the evidence and build a legal strategy to help you avoid a conviction or resolve your case with minimal penalties. Contact our McKinney, TX second DWI attorneys at 972-369-0577 to arrange a free consultation.