Second-Offense DWI in Texas

The penalties you'll face for a DWI conviction in Texas depend mostly on how many prior convictions you have. This article covers the basics of Texas's DWI laws and the consequences of a second DWI conviction.

Texas's DWI Law

You can be convicted of driving while intoxicated (DWI) in Texas if you operate a motor vehicle in a public place while intoxicated. "Intoxicated" means you either:

• "lack the normal use of mental or physical faculties" because you ingested alcohol, drugs, or any other substance, or
• have a blood alcohol concentration (BAC) of .08% or more (often called a "per se" DWI).

In other words, you can be convicted based on actual impairment or BAC.

Criminal Penalties for a Second DWI in Texas

A second DWI in Texas is a class A misdemeanor. Criminal penalties are those that are imposed by the court following a conviction.

What's Considered a 2nd DWI in Texas

There is no "lookback period" which means that any prior DWI or BWI (boating while intoxicated) conviction, no matter how old, will count as a prior conviction. In other words, a DWI is considered a second offense if you have ever been convicted of a DWI in the past.

Jail Time and Fines for a 2nd Texas DWI

A second DWI conviction generally carries:

• 30 days to one year in jail, and
• up to $4,000 in fines ($4,500 if within 36 months of a prior or $6,000 if BAC at least .15%).

However, a variety of fees and "penalty assessments" will significantly increase the amount you actually pay.

License Suspension for 2nd DWI Conviction in Texas

A second DWI conviction will result in a license suspension of 180 days to two years.

Ignition Interlock Requirements for a 2nd Texas DWI

You will be required to put an IID on your vehicle while your charges are pending and will not be allowed to drive any vehicle without an IID for one year following the reinstatement of your license.

Texas DWI Probation, Treatment, Community Service, and Victim Impact Panels

Convicted motorists also face up to two years of probation and having to complete a DWI education class, a substance abuse evaluation and/or rehabilitation program, 80 to 200 hours of community service, and possibly having to attend a DWI Impact Panel.

License-Related Penalties for a Second Texas DWI

A DWI arrest can lead to license-related penalties administratively imposed by the Department of Motor Vehicles (DMV). Administrative penalties are triggered by the arrest and don't require an actual DWI conviction.

Texas's Implied Consent Law

If you're lawfully arrested in Texas for DWI, you're required to submit to a blood or breath test if requested to do so by law enforcement. If you fail one of these tests (with a BAC of .08% or more) or refuse testing (a violation of the state's implied consent law), you'll face license suspension.

At the time of your arrest, law enforcement will confiscate your license, and you have 15 days from the date of arrest to contest the suspension. If you don't notify the DMV within this timeframe that you want to contest the suspension, your license will remain suspended for at least 12 months starting the 41st day after your arrest.

Suspension Periods for a 2nd Test Refusal or Test Failure in Texas

A test failure or refusal is considered a second offense if it occurs within ten years of a previous alcohol or drug-related "enforcement contact" (like a prior DWI or refusal to submit to chemical testing). For a second failure or refusal, you'll face a:

• one-year license suspension for a test failure, and
• two-year license suspension for a test refusal.

However, this administrative DMV suspension will be set aside if you are ultimately acquitted of DWI in criminal court.

But note, a second DWI conviction can lead to a separate period of license suspension of up to two years.

Ignition Interlock Devices and Occupational Licenses in Texas

As a condition of release from jail, the judge will make you install an ignition interlock device (IID) on any vehicle you drive.

During your administrative license suspension, you can immediately obtain an "occupational license" if you have not received any previous alcohol-related license suspensions within the preceding five years. An occupation license is for driving only to and from places like work, school, and places necessary to accomplish essential household duties.

If you have received a license suspension within the preceding five years for a drug or alcohol-related contact with law enforcement, there's an initial 90-day "hard suspension" period during which you won't be able to drive at all. And if your law enforcement contact was within the preceding five years, your hard suspension increases to 180 days. Additionally, an occupational license is only available once in a 10-year period.

Getting the Penalties for a Second DWI Reduced in Texas

Your best bet for getting the penalties for a second DWI reduced is to get in contact with a knowledgeable DWI attorney. Every case is different, but a qualified DWI lawyer should have a good idea of whether there are any viable defenses or other ways to reduce the consequences that you're facing.

Getting Legal Help from a Texas DWI Attorney

The DWI laws in Texas are complicated, and the facts of each case are different. If you've been arrested or charged for DWI, you should contact an experienced criminal defense attorney in your area who can help you decide how best to proceed with your case.