Will I Face Jail Time in Texas for a Second DWI?

man sitting handcuffed on ground

Facing a second DWI can be an intimidating and intense experience. Unfortunately, many assume they will face the same consequences they did the first time, which is far from the truth. In reality, the penalties grow more intense with each charge. As such, you can expect a myriad of penalties for this charge, so it’s in your best interest to connect with a Houston second DWI defense attorney to explore your options for this matter. The following blog explores some of the most common questions you may have regarding this offense.

What Are the DWI Laws in Texas?

In Texas, anyone discovered with a Blood Alcohol Concentration (BAC) at or over the legal limit of 0.08% will be charged with driving while intoxicated (DWI). When a BAC is at or exceeds that limit, this is known as a “per se” DWI. However, if your BAC is less than 0.08%, you can still be charged with a DWI if it’s determined that you have alcohol in your system and it inhibits your ability to operate a vehicle.

What Consequences Can I Face for a Second DWI Conviction?

In Texas, a second DWI charge is classified as a Class A misdemeanor, which is the most severe out of these types of charges. It’s important to understand that there are mandatory minimum punishments you can face for these charges, including at least 72 hours in jail. However, you can still face a maximum of one year behind bard.

Additionally, you’ll need to install an ignition interlock device on your vehicle, your licenses will be suspended for six months to two years, and you will face community service hours.

It’s also important to understand that you can face additional consequences depending on your driving record or the circumstances surrounding your arrest. For example, if you have multiple tickets for exceeding the speed limit by 25 miles per hour, have a minor child in the vehicle during the DWI, or have a car accident on your record, you can face harsher penalties.

If Charged, What Should I Do?

If charged with a DWI for the second time, it’s imperative to connect with an experienced criminal defense attorney as soon as possible. However, until you can speak with your legal representation, you should not, under any circumstances, say anything to the police. This includes trying to prove your innocence. Instead, tell them you want an attorney and invoke your right to remain silent. Similarly, you should not try to resist arrest, as this can cause additional legal issues.

When facing legal trouble, the Gonzalez Law Group can help. We understand the impact these charges can have, which is why we’re dedicated to fighting for you during these times. Our team will explore all possible avenues to help you achieve the best outcome possible for your unique circumstances. Connect with us today to discuss your legal options.