What Are the Consequences of a Second DWI in Texas?

Texas takes driving while intoxicated quite seriously, and the penalties escalate for multiple convictions. A Plano DWI attorney should be your first call if you’re being charged with a DWI. An attorney will be able to best protect your rights and inform you of all your options in this situation.

From a Plano DWI Attorney: Consequences of a Second DWI

A second DWI brings a fine of $4,000 and a jail sentence of one month if you’re convicted. You can also lose your driver’s license for up to two years. In addition to this, you will pay another $4,500 in state fines at the time you are sentenced.

It’s even worse if there’s a child in the car when you’re pulled over. If you’re convicted at that point, you can be charged with child endangerment, fined as much as $10,000, and end up with an extra 180 days of driver’s license suspension and go to jail for an extra two years.

For a third offense, you face a $10,000 fine and a prison sentence of at least two years and up to 10 years. You’ll lose your driver’s license for up to two years as well.

FAQ About DWI and Texas Law

What Counts As “Intoxicated?”

Legally, your blood alcohol concentration can’t be more than 0.08%, or you are in violation of the law. However, Texas recognizes that people process alcohol differently, and this means some people will find that drinking begins to affect their ability to drive long before their BAC reaches 0.08%. Therefore, the moment that the alcohol you’ve drunk begins to impact your driving skills, you are in violation of the law if you choose to drive.

What’s the Open Container Law?

For the purposes of Texas law, an open container can be a bottle, a can, or any sort of glass, cup, mug, or other container that holds an alcoholic beverage. It’s considered “open” if it has been completely opened or even if it just has a broken seal. If you have this container anywhere in the accessible area of your vehicle, this is a Class C misdemeanor.

This means you won’t be arrested unless the police believe you have actually been drinking. If they just find the container open, they will write you a citation to appear before the court later. So long as you’re willing to sign this, you’re free to go.

You are allowed to have an open container in the car so long as it’s in a locked glove compartment, in the trunk, or behind the last row of seats in your vehicle if you don’t have a trunk. You can be charged with an open container misdemeanor even if you’re not driving the car. Simply having it there while you’re stopped and parked, if you’re on any kind of public roadway, is illegal. The only exceptions here are if you’re the passenger of a bus, taxi cab, or limousine, or the container is in the living quarters of a camper or motorhome.

What Are the Penalties for CDL Drivers?

The penalties are much greater if you’re driving a commercial truck than if you are driving a private vehicle, and the limits are lower. You can only have a blood alcohol level of 0.04%, and a first-time offense brings a penalty of $2,000 and 3 to 180 days in jail.

Your license will also be immediately suspended, though you can get a temporary license that will allow you to drive until you request a hearing to contest the suspension. You have to request this hearing within 15 days, or you will automatically lose the license. Anyone with two or more convictions for DWI is barred from getting a CDL license ever again.

What If I Refuse the Breathalyzer Test?

Bear in mind that officers are required to videotape your refusal, if that is possible, and they must give you a written notice that your license has been suspended. If an officer fails to record you under normal circumstances or you are not issued a notice of suspension, talk to your lawyer as this is important to use in your favor at the hearing where you contest your license suspension.

Are There Other Possible Penalties?

You should also be aware that a DWI comes with all kinds of extra expenses beyond the fines that are charged. For example, getting your driver’s license reinstated means paying an extra fee. Getting out of jail will require you to post bond. You may have to pay for your interlock device and for your education courses, and you may lose time from work either from being in jail or from reduced hours as you do community service or take a class.

You can also lose your gun rights and your right to vote if you are charged with a felony DWI, and anyone with a felony on their record will typically find it harder to get work or even to rent an apartment. Certain jobs may be barred to you for life with a DWI conviction, and there are some countries you will not be permitted to travel to with a DWI conviction on your record.

What Should I Do if I’m Charged?

If you’ve been charged with a DWI, don’t just let the law run its course. Protect yourself with aggressive representation from us at the Pelley Law Office, LLP, where we’ve been protecting Texans since 1974.

Contact Our Texas Criminal Defense Law Firm For Help Today

If you’re facing criminal charges in Texas, we’re here to help. Contact the experienced criminal defense lawyers at Pelley Law Office, L.L.P., today to schedule a free consultation.

We proudly serve Plano, Dallas, Sherman, and the surrounding areas.

Pelley Law Office L.L.P. – Plano Office
Address: 1312 14th St, Plano, TX 75074
Phone: (972) 608-0335
Hours: 24/7

Our firm is located near you. Find us with our GeoCoordinates: 33.0180322,-96.6952916,863

Pelley Law Office L.L.P. – Sherman Office

Address: 905 N Travis St, Sherman, TX 75090
Phone: (903) 813-4778
Hours: 24/7

Our firm is located near you. Find us with our GeoCoordinates: 33.6445846,-96.6113141,857