As one of the leading causes of fatal road-related auto accidents, driving while intoxicated is a serious offense in the eyes of the law. That is particularly true if you are a repeat offender, meaning you have other charges involving driving under the influence on your record. Unlike a first-time driving while intoxicated (DWI) case, your second-time DWI offense will attract mandatory jail time and hefty fines.

If you are in trouble with the law as a suspect in a DWI case, retaining the services of a professional defense attorney should be your first step to increase your odds of securing a favorable outcome. Aside from the possible standard legal penalties and drivers license suspension, a conviction for a DWI offense has several other negative repercussions that could affect your quality of life after serving your sentence.

For all these reasons, you should have a competent attorney on your side as soon as you can if you are under investigation or arrest as a suspect in a DWI case. An experienced attorney can craft result-oriented legal defenses to help you fight for a favorable outcome in every stage of the prosecution process.

Legal Definition of DWI Offense

While most people understand what drunk driving means, most people do not know what qualifies as driving while intoxicated in the eyes of the law. As the name suggests, driving while intoxicated is the offense you commit when you operate a car, motorcycle, boat, or any other automobile while intoxicated. Intoxication, in this case, does not only refer to alcohol.

Driving while under the influence of illegal drugs, prescription drugs, or a combination of both alcohol and illegal drugs could also attract DWI charges. Generally speaking, the court considers you “intoxicated” if any of the following is true:

  • You had a BAC (blood alcohol concentration) of 0.08 percent at the time of the arrest.
  • You displayed objective signs of intoxication at the time of the arrest, regardless of your BAC level.

The prosecutor will likely file a DWI charge against you if he/she has evidence to prove any of the above facts to the court. If you have a past DWI charge conviction on your record, the prosecutor will file second-time DWI charges against you.

Unfortunately, a subsequent conviction will carry harsher penalties than your first-time DWI offense conviction because it shows you are unwilling to learn from your past mistakes. To stand a chance of securing a dismissal of the case or a lighter sentence, working with a defense attorney to act as your legal counsel and representative onwards is a decision you cannot regret.

Eligibility for Bail at the Bail Hearing

If you are under arrest as a suspect in a DWI case, every minute in legal custody can feel like years. Since you are a repeat offender, the police will likely detain you until the court decides whether you qualify for a release on bail or not. In making this decision, the judge will consider the following facts:

  • Your criminal record.
  • Your conduct in court.
  • Whether you are a flight risk.
  • Whether you are employed.
  • Whether you have a record of jumping bail.

Your attorney's mitigating evidence can also significantly influence the judge's decision at the bail hearing. A skilled attorney could help you convince the judge to reduce your bail to make it hassle-free for you to secure your freedom without delay.

What the Prosecution Team Must Prove to Secure a Second DWI Charge Conviction Against You

If your DWI case reaches the trial stage of the court process, the prosecution team will bear the legal burden to prove the following facts beyond a reasonable doubt to secure a conviction against you:

  • You were driving an automobile.
  • You were under the influence of alcohol, narcotics, or a combination of both.
  • You have a past DWI conviction on your record, even if it occurred several years ago.

Without adequate and clear evidence to prove these facts beyond a reasonable doubt, the court will likely dismiss the case and let you go free. Some of the evidence the prosecution team will use to back up his/her argument include:

  • Video footages.
  • Eyewitness testimonies.
  • Chemical test results of your BAC level.
  • Your field sobriety test (FST) results.

When the court convicts you for a second-time DWI offense, your case will proceed to the sentencing phase to determine the ideal fair sentence for your violation.

Potential Penalties You Could Face Upon a Conviction for a Second-Time DWI Offense

As mentioned in the previous section, the sentence for a second-time DWI offense is harsher than you previously received for your first DWI offense. While a second-time DWI charge conviction is typically a misdemeanor, the penalties can be life-changing and are as follows:

Jail Time

Unlike a first-time DWI offense, a second-time DWI charge will attract a mandatory jail sentence. The minimum jail time will be thirty (30) days, but the maximum could be up to one (1) year.

A Fine

The maximum fine you should expect to pay for a second-time DWI charge conviction is $4,000, double what you would pay for a first-time DWI charge conviction.

Misdemeanor Probation or Parole

Depending on the facts of your case, your attorney can also help you negotiate for a favorable alternative sentence like probation. However, you must comply with specific conditions for up to two (2) years. Examples of these conditions include, but are not limited to, the following:

  • Enroll in a DWI education program.
  • Complete up to 200 hours of community service.
  • Maintain your employment or seek a better job.
  • Pay your fine, court fees, and parole supervision costs.
  • Stay crime-free.
  • Report to a court-appointed parole officer every month.
  • Complete alcohol and drug evaluation to determine whether rehabilitation is necessary.

Drivers License Suspension

A driver's license suspension for up to two (2) years could occur after a conviction for a second-time DWI offense.

Factors That Can Aggravate Your Sentence for a Second-Time DWI Charge Conviction

Unfortunately, certain facts could make your second-time DWI charge a felony, meaning the penalties you could receive after a conviction at trial are harsh and life-changing. Examples of these factors include the following:

DWI With an Open Alcohol Container

While it remains a misdemeanor offense, having an open alcohol container in your vehicle can attract a minimum of six days of jail time

DWI With a Passenger Under Fifteen Onboard

If you had a passenger aged fifteen years or below in your vehicle, a conviction for a second-time DWI charge could result in up to two years of jail and a fine of up to $10,000.

Intoxication Assault

If you caused a bodily injury to a peace officer, the prosecutor can file your second DWI charge as a first-degree felony, carrying the following penalties upon conviction:

  • Up to ten (10) years of jail sentence.
  • A fine not exceeding $10,000 upon conviction.

Intoxication Manslaughter

Causing another person's death while driving under the influence of drugs or alcohol will attract second-degree felony penalties upon conviction, including:

  • Up to $10,000 maximum fine.
  • Up to twenty (20) years of jail sentence.

Additional Consequences of a DWI Charge Conviction

While even a first-time DWI charge conviction could attract secondary consequences after a conviction, you are more likely to face the following negative consequences upon a second-time DWI charge conviction:

  • Installation of ignition interlock device (IID) on your vehicle.
  • Higher insurance premiums.
  • Challenges finding a place to rent because landlords conduct background checks on their prospective tenants.
  • Immigration consequences, like deportation.
  • Challenges in retaining or securing new employment.
  • Challenges qualifying for admission in colleges and universities.

As you can see above, the legal penalties and consequences of a second-time DWI charge conviction can be life-changing. The key to securing the best possible outcome when charged with a second-time DWI offense is working with a competent and seasoned defense attorney.

Tips on How to Win a Second-Time DWI Charge

Considering how detrimental and life-changing a second-time DWI charge conviction can be, you would not want to leave any stone unturned when preparing legal defenses to challenge the allegations you are up against. The following tips can help you stand a chance of securing a favorable outcome in the criminal justice system that is not on your side:

  • Do not enter a guilty plea.
  • Retain the services of a competent defense attorney as soon as possible.
  • Ask your defense attorney to request an ALR (Administrative License Revocation) hearing with the DMV (Department of Motor Vehicles).

If this is your second time DWI offense, you are likely already familiar with the ALR administrative process. The primary purpose of this hearing is to determine whether you should retain your driving privileges.

Aside from allowing you to challenge the evidence you are up against and avoid driver's license revocation or suspension, the ALR hearing also gives you an idea of the evidence the prosecution team will likely use against you in court. That means your attorney will know the best defenses to challenge the allegations you are up against to increase your odds of winning a desirable outcome.

Legal Defenses Your Attorney Can Use to Challenge a Second-Time DWI Charge at Trial

A second-time DWI charge does not have to result in a conviction. A skilled and aggressive defense attorney can challenge the DWI allegations you are up against at trial using the following legal defenses to secure a favorable verdict:

  1. The Arresting Officer Lacked Reasonable Suspicion or Probable Cause to Stop Your Vehicle

If the arresting officers lacked reasonable suspicion to stop your vehicle for a quick DWI investigation, the court could consider your arrest unjustified and likely dismiss your case.

  1. The Prosecutor's Evidence Against You is Insufficient

If the prosecution team cannot prove beyond a reasonable doubt that you were intoxicated or impaired, the court could drop or reduce your second-time DWI charges.

  1. Your BAC Test Results Are Inaccurate

Arguing that your BAC test results are inaccurate is another viable legal defense to challenge any DWI offense. The court considers this defense viable if your attorney can argue that the breathalyzer equipment or other equipment used to measure your BAC level at the police station was faulty or unsterilized.

Even if you are a repeat offender, this defense argument could work in your favor to secure a dismissal of the case or a lighter charge.

  1. Your Field Sobriety Test (FST) Results Were Inaccurate

The court prosecutor will rely on your performance results on standard FST to prove that you were impaired. Examples of these tests include the following:

  • Walk and turn test.
  • Horizontal gaze nystagmus test.
  • One-leg stand test.

While they can indicate whether or not a person is impaired, FSTs are prone to errors. For example, if you had high heels on or the ground was uneven, it would be reasonable to argue that the walk-turn test results used against you by the prosecution team are inaccurate. If this legal defense works to your advantage, the judge will dismiss or reduce the second-time DWI charges you are up against.

  1. The Arresting Officers Violated Your Constitutional Rights

Before questioning you, the police must inform you of your Miranda rights, including the right to remain silent and the right to legal counsel. If the arresting officer did not inform you of your Miranda rights before questioning you, the court could exclude your admissions or statements from your case and likely reduce or drop your charges.

A skilled attorney will carefully assess the details of your unique case to know the most suitable defense and evidence to use at trial to convince the court to drop or reduce your second-time DWI charges.

Eligibility for a Reduced Charge After an Arrest for a Second-Time DWI Charge

With the help of a skilled attorney, the prosecutor could agree to reduce your second DWI offense to a lighter charge with less harsh consequences. Your attorney will carefully examine your case and check the available plea options. The prosecutor could agree to reduce your charges if:

  • You are remorseful for your acts or conduct.
  • Your first DWI offense occurred several years ago.
  • The prosecutor's evidence against you is weak.
  • You have a clean criminal history and driving record.

If everything works to your advantage, the prosecutor could reduce your second-time DWI offense to a less serious charge, such as:

  1. Dry Reckless

Dry reckless is simply another term for reckless driving. You commit the offense of reckless driving when you drive with willful disregard for other people's safety and health. Unlike a wet reckless offense, a dry reckless offense is non-alcohol related, meaning the prosecutor does not have to prove you were under the influence to secure a conviction against you.

A conviction for a dry, reckless offense can result in up to ninety days in jail and a fine not exceeding $10,000.

  1. Wet Reckless

Another favorable plea bargain option when you have second-degree DWI charges is a wet reckless offense. When you choose to enter a guilty plea for a wet reckless offense in exchange for dismissal of the second-degree DWI you are up against, your penalties will include:

  • Up to thirty (30) days of jail time.
  • A fine of up to $200.

While pleading guilty to any of these charges will still attract penalties, they are less serious than those you could receive for a second-time DWI charge conviction. Also, in a wet reckless and dry reckless plea deal, you will not lose your driving privileges.

Frequently Asked Questions About a Second-Time DWI Offense

Below are answers to some of the most common and frequently asked questions about a second-time DWI offense:

  1. Why Do I Need an Attorney When Charged With a Second-Time DWI Offense?

The services of a defense attorney are vital if you are under investigation or arrest as a suspect in a DWI case. You will rely on your attorney for legal counsel and representation in every stage of the legal justice system and ALR administrative hearing to secure a favorable outcome.

  1. Is Imprisonment Mandatory After an Arrest for a Second-Time DWI Offense?

While your attorney can help avoid or reduce the possible penalties for a second-time DWI offense conviction, you must serve at least three days of jail time after an arrest.

  1. How Much is the Bail for a Second-Time DWI Offense?

The bail for a second-time DWI offense could go up to $10,000. However, this bail amount could be higher if your case has other aggravating factors and circumstances. For example, for intoxicated manslaughter, you could pay bail of between $50,000 and $100,000.

  1. What Should I Consider When Looking for a Reliable Defense Attorney?

To lessen your options when finding the services of a reliable defense attorney in this industry full of several mediocre experts, you should consider various factors. For instance, you should consider the prospective attorney’s:

  • Reputation and credibility.
  • Experience and qualifications.
  • Licensing credential.
  • Communications skills.
  • Cost of services.

Find a Fort Worth Defense Attorney Near Me

If you face a second-time DWI offense, you should know that each consecutive DWI charge conviction will attract more serious and harsher consequences than your first charge conviction. Whether it is your first DWI arrest, second, third, or fourth, the best decision you can make at these challenging times is to retain the services of a skilled defense attorney.

We invite you to call our reliable DWI attorneys at Fort Worth DWI Defense Lawyer at 817-470-2128 if you are under arrest or charged with a second-time DWI offense for the aggressive and result-oriented legal representation you deserve.