What to Do after a Second DWI in Texas

If you’ve been convicted of a DWI in the past, you may think you know what to expect from a second — trust us, you don’t. Your second DWI in Texas will be nothing like your first; consequences are much more severe, and the prosecution will be much less likely to play ball. If you’re facing a second DWI charge, you need an Austin DWI lawyer who knows how to fight and win your case in a court of law.

Read up as much as you can on the penalties associated with repeat DWI offenses, as well as your legal options after an arrest. While you can’t change the past, you can still protect your future. If you’ve yet to be convicted for your second DWI charge, you can still fight.

Keep reading about what to do after a second DWI in Texas, and call Smith & Vinson at 512-368-9044 when you’re ready to fight for your future.

What happens after a second DWI in Texas?

After being arrested for a second DWI in Texas, you can expect the rollercoaster to begin almost immediately. One second you’re being booked, and the next you’ll be expected to defend your license in an administrative hearing, often before your criminal case has even begun. The process looks something like this:

1. You’re booked into jail.
2. You post bail.
3. Your license will be suspended unless you request an ALR hearing.
4. You will be arraigned and enter a plea (guilty or not guilty).
5. Your attorney will go through discovery.
6. Your attorney will fight to reduce your charge, secure dismissal, or proceed to trial.

This process can take months or even over a year to resolve, depending on court backlogs and the complexity of your case, and most of it is out of your hands. The agency you have after a DWI is concentrated during your arrest and when you select your DWI attorney. After you’ve picked your attorney, it’s up to them to protect your rights and secure you the best outcome possible, so you better be sure to pick well.

What to do after your second DWI in Texas

If you already said too much during your arrest or failed those field sobriety tests, don’t worry, your attorney can still fight to protect your rights. Luckily, there are some things that you can do after your DWI arrest, too.

1. Exercise your right to remain silent.
2. Be polite, but don’t mistake the police for your friends.
3. Contact an experienced DWI attorney the moment you get to a phone.
4. Document everything for your attorney. The more information they have, the better.
5. Attend all mandatory meetings and court dates — you should look like a Boy Scout after your arrest.
6. Avoid posting on social media.
7. Let your attorney do their job.

Essentially, don’t give the police any more than you have to, take your role in the case seriously, and let a quality DWI attorney go to work. If you do these things, you give yourself the best possible chance at getting your DWI dismissed or reduced, or being found not guilty.

How is a second DWI different from a DWI in Texas first offense?

A second DWI offense in Texas carries much more severe consequences compared to a first offense. The most notable differences include:

• Higher penalties and fines. First-time DWI offenders face maximum fines of $2,000, while second offenses can result in fines up to $4,000.
• More risk of incarceration. A first DWI conviction typically results in 3 to 180 days in jail, with alternatives like probation often available. For second offenses, minimum jail time increases to 30 days with a maximum of one year, and judges are less likely to allow alternatives to incarceration.
• Longer license suspensions. First offenses typically result in license suspension for 90 days to 1 year. Second offenses extend this period to 180 days to 2 years.
• Ignition interlock requirements. While first offenders might avoid ignition interlock devices depending on circumstances, they are mandatory for all second offenders regardless of BAC level.
• Long-term consequences. The ripples of a DWI conviction are shockingly far-reaching. Having multiple DWI convictions on your record significantly impacts future employment opportunities, insurance rates, professional licensing, and more.
• Prosecutorial aggression. Prosecutors typically offer less favorable plea deals and pursue second offenses more aggressively, recognizing that the defendant has already had one opportunity to learn from their mistakes. They will be very unlikely to go easy on you.

Is a second DWI a felony in Texas?

A second DWI in Texas is typically charged as a Class A misdemeanor, not a felony, provided there are no aggravating factors present during your arrest. There are, however, a handful of factors that can turn a second DWI into a felony DWI, including:

• Having a child passenger under 15 years old in the vehicle
• Causing serious bodily injury to another person (also called Intoxication Assault)
• Causing someone's death (also called Intoxication Manslaughter)
• Having a high BAC (0.15% or higher)

It's important to note that while a second DWI is still a misdemeanor with no aggravating factors, subsequent arrests for DWI are automatically felonies, regardless of whether or not they’re aggravated DWI.

Why does this matter? Because Texas has no "lookback period" for DWI offenses, meaning prior DWI convictions remain on your record permanently and will always count toward enhancing future DWI charges. So a second DWI conviction, even if it’s a misdemeanor, means your next will be a felony that comes with mandatory jail time.

What is the average sentence for a second DWI in Texas?

Jail time is much more likely for repeat DWI offenders in Texas. While the range for incarceration for a second DWI in Texas is generally 3 days to 2 years, that range can change depending on the circumstances of your case. DWI penalties and sentencing guidelines in Texas are as follows.

In general, your sentence will be more severe if your case involves high BAC levels, uncooperative behavior with law enforcement, or accidents/injuries. Conversely, your sentence may be more lenient if you’ve demonstrated rehabilitation efforts since your first offense, maintained clean behavior during pre-trial release, or have strong community ties and support. Your behavior — and the quality of your representation — matter massively.

Is there mandatory jail time for DWI in Texas?

Yes, there is mandatory jail time for a second DWI conviction in Texas. Under Texas Penal Code § 49.09, a second DWI offense carries a minimum jail sentence of 30 days, even if probation is granted. This is a massive change from first offense cases, in which jail time can often be avoided entirely through probation and alternative sentencing.

Can a second DWI be reduced in Texas?

Yes, it is possible to have a second DWI charge reduced in Texas, though it's generally more difficult than reducing a first offense. Prosecutors take repeat offenses much more seriously, but several avenues still exist for potential reduction. Two common alternatives to DWI charges are:

1. Obstruction of a Highway: One common reduced charge is obstruction of a highway, a Class B misdemeanor that doesn't carry the same collateral consequences as a DWI conviction. This reduction typically requires strong mitigating factors and skilled negotiation by your defense attorney.
2. Reckless Driving: In some jurisdictions, prosecutors may agree to reduce a DWI to reckless driving, particularly if evidentiary issues exist in the case.

What is the second chance law in Texas for DWI?

The "second chance law" for DWI in Texas refers to House Bill 3016, which went into effect on September 1, 2017. This legislation made significant changes to Texas's DWI laws by allowing deferred adjudication for first-time DWI offenses, which was previously prohibited. The broad strokes of the law are:

• First-time DWI offenders with a BAC under 0.15% may be eligible for deferred adjudication.
• The offense still counts as a "previous conviction" for enhancement purposes if the person is arrested for another DWI in the future.
• Participants must install an ignition interlock device on their vehicle for at least half of the supervision period.

Unfortunately, if you’re facing a second charge for DWI in Texas, you won’t find any relief in the second chance law, as it does not apply to second or subsequent DWI offenses.

How to get a second DWI charge reduced in Texas

Getting a DWI charge reduced in Texas requires the expertise of an Austin DWI lawyer who knows how to beat a DWI in Texas. Some of the ways in which they will attempt to fight your DWI charge include:

1. Challenging the evidence. Contesting the validity of field sobriety tests, as well as blood or breath tests, is the cornerstone of many DWI defenses.
2. Highlighting weaknesses in the case. The prosecution’s case must be airtight, and any issues with it cannot be allowed to stand.
3. Arguing the legality of the traffic stop. If the police didn’t follow procedure or lacked probable cause for arrest, your case may benefit.
4. Negotiating plea agreements. Reductions in charges or special arrangements after the case are often options.
5. Exploring alternative sentencing. Although less common for repeat offenders, Texas does have many alternative sentencing programs for DWI offenders.

Each strategy's viability depends largely on the specific circumstances of your case, the policies of the prosecuting attorney's office in your county, and the judge assigned to your case. This is why working with an attorney who fights lots of DWI cases in your city matters — because their knowledge of the courts and their inhabitants is just as important as their knowledge of the law.

Facing a second DWI in Texas? Smith & Vinson knows what to do.

At Smith & Vinson, fighting DWI cases is what we do. We have fought and won countless cases for clients facing their second DWI in Texas, and we have what it takes to do the same for you. Whether you’re looking for an attorney to fight a DWI first offense or a multiple DWI lawyer, our Austin DWI lawyers are ready to provide you with aggressive defense.

The stakes this time around are much higher; don’t gamble on the attorney you choose to represent you. Your freedom is on the line — call Smith & Vinson today at 512-368-9044 or contact us online to protect it.

More Helpful Articles by Smith & Vinson:

• Texas Open Container Laws
• Should You Refuse a Breathalyzer Test?
• What Must Be Proven for a DWI Conviction?
• DWI vs DUI in Texas: What's the Difference?
• What Is an ALR Hearing and How Does It Impact My DWI Case?