Do you have a prior Texas conviction for driving while intoxicated? Though it is possible for almost anyone to make a mistake in this realm once, it is important to realize that a second offense of the same sort will be treated very seriously by the State of Texas. In the past, there was a 10-year lookback period for assessing whether an offense represents a second DWI for sentencing purposes. However, there is no such time restriction in place nowadays, meaning that you can face second offense charges and penalties no matter when your first conviction occurred.
Because the legislature is motivated to provide a deterrent against dangerous conduct behind the wheel, it has provided for enhanced penalties for second-offense DWI convictions. Those found guilty of DWI for the second time can anticipate a fine of up to $4,000, incarceration ranging from 30 days to a full year in jail, suspension or revocation of driver’s license for up to two years, costly administrative surcharges, DWI education classes and mandatory installation of an ignition interlock device.
The sanctions imposed for a second DWI in Texas are essentially twice as severe as those handed down to first-time offenders, and those are very serious in and of themselves. With such high stakes, it is essential for accused individuals to understand how to protect their license, their freedom, and their future.
There are several potential lines of defense in a second-time DWI case. These include challenging the legality of the initial traffic stop as a means to exclude evidence gained therefrom. If the law enforcement officer lacked a legal reason to initiate a stop, the prosecutors may have little evidence remaining with which to work in securing a conviction.
It is also possible to challenge the accuracy of the breath or blood testing performed following a traffic stop for suspected DWI. Because breath testing devices, in particular, are known for inaccuracies, this is often an effective way to undermine the state’s case.
Defendants may also wish to pursue an argument that asserts that regardless of the blood alcohol content detected by testing, there was, in fact, no substantial impairment, and no risk was posed to others on the road. A reduction in applicable charges may be sought in this manner.
The key to formulating a winning approach to any DWI case is to secure the help of a lawyer who possesses in-depth knowledge of and experience with drunk driving laws in Texas. Defendants who lack this type of information are well-advised to seek aggressive legal counsel as soon as possible following the issuance of any charge.
The Butler Law Firm is ready and willing to assist those accused of DWI in Texas. By securing the guidance of a second offense DWI attorney in Houston, defendants can rest assured that they are going to get the solid client service and vigorous legal defense they need at one of the most trying times in life. To schedule a no-cost consultation, contact our office today or call now and begin the process of protecting your rights and your future prospects.
