Get Your FREE Copy of the Book by Stephen Hamilton Exposing the Truth
Secrets of the Texas Criminal Justice System and Your Rights
If you have been charged with a DWI before, you are familiar with how demanding the legal process is following a DWI arrest. A second DWI charge is even more stressful because the prosecution will work even harder to ensure that you face the consequences. This is because, following a second charge, the prosecution may believe that you have not learned from your first arrest. Therefore, it is imperative that you seek the services of an accomplished DUI attorney. A Plainview second-offense DWI lawyer could go to battle for you to ensure that your rights are being protected and that you have the representation that you need.
Penalties for Second-Offense DWI
A second DWI charge is taken more serious by the courts than the first offense. If there is a conviction, the individual faces mandatory jail time and they must go to jail for five to 10 days as a condition of probation. It is important to note that the statute gives the discretion of sentencing up to 30 days in county jail. In addition, if a person is arrested and is out on bond, they must have a deep lung device or interlock device installed in their vehicle.
If an individual is convicted of a second DWI, they are facing a minimum of 30 days to up to one year in county jail and/or a fine of up to $4,000. The defendant will also have their driver’s license suspended and there may be other consequences that they have to face. The courts aggressively pursue second-offense DWI charges because they see someone who did not learn from their first mistake. The punishment for a second DWI is higher, the probation is longer, and the terms are more stringent. This is why it is important for someone facing charges to reach out to a seasoned Plainview second-offense DWI lawyer.
Does the Amount of Time Between DWIs Matter?
Under Texas law, the amount of time between DWIs does matter with concerns to the case and the sentencing. In the past, when there were more than 10 years between DWI offense. The previous DWI could not be used to enhance the penalties for the second DWI. However, this is no longer the case. As long a the first offense DWI is valid, the amount of time between DWIs is important.
When someone is arrested for a second DWI, a dedicated criminal defense attorney needs to investigate the facts of the first DWI offense and get a copy of the judgment. A Plainview second-offense DWI attorney should make sure all fingerprints are in the file. There are a series of things to look at to make sure the prior DWI can enhance the second one. If it cannot enhance the second DWI, the lawyer may have the subsequent DWI charged reduced to a first offense DWI that does not carry mandatory time in jail.
License Suspension Following Second DWI
There is no difference between the first and second DWI when it comes to the administrative suspension. If someone gets a conviction suspension, there is nothing to challenge. When a person pleads guilty or is convicted of a DWI second. They receive a suspension from the Department of Public Safety, usually for one year. Someone who has had their license suspended may be eligible to get an occupational license. This occupational license allows the individual to go to work, school, grocery store, and other places that are deemed essential. When an individual is acquitted of a DWI, they must then send the paperwork to the Department of Public Safety in order to remove the suspension from their driver’s license.
How a Plainview Second Offense DWI Attorney Can Help
If you are facing your second DWI charge, reach out to a Plainview second-offense DWI lawyer right away. An attorney could review your case and determine what the best options for you may be. The lawyer could also fight to advocate on your behalf to mitigate your charges or have the case dismissed. Call today to schedule a consultation.