While most people are aware that enhanced penalties are associated with a 2nd DWI in Texas many are unaware of the specific criteria for a 2nd DWI and may not know if their charges can be classified as a reoffense. Here are all the factors that count toward a 2nd DWI charge in Texas and the ones that don’t.
The Enhanced Penalties:
First, let’s establish the enhanced penalties you will be facing for a 2nd DWI charge in Texas. A 2nd DWI is considered a misdemeanor class higher than a first offense and is classified as a Class A misdemeanor. This essentially doubles all the penalties of a first DWI and results in up to a year in prison, a maximum fine of $4,000, a suspended license for one year, and probation or parole for two years infosportsworld.
What Counts Towards a 2nd DWI Offense in Texas?
A Reoffense:
It may seem obvious, but any DWI reoffense in Texas is considered a 2nd DWI. Unlike many states that will automatically drop DWI convictions from a driving record after a certain period of time, in Texas, a DWI will always remain on your record and can be used to enhance subsequent charges even 50 years down the road. Even if your first DWI conviction was sealed from your record by an Order of Nondisclosure, it can still be used as a prior conviction thebirdsworld.
An Out-of-State DWI:
Since Texas is part of the Driver’s License Compact between 45 states, if you have a DWI on your record and are charged with another DWI in a different state, it will be counted as a subsequent offense. This is because the DLC shares all road violations between states, and even allows an individual’s home state to apply their own penalties to a violation. While DWIs that occur out of state will be charged in the state where the offense occurred, Texas can still apply the typical administrative penalties for a 2nd DWI Texas such as license suspension, community supervision, and an ignition interlock device. Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin are not members of the DLC but may still charge you based on previous offenses.
A Previous Deferred Adjudication:
Despite a successful deferred adjudication allowing you to avoid prison time and have your DWI charges dropped, they can be used against you to enhance subsequent charges. While DWI charges are not filed against you, a deferred adjudication still requires an admission of guilt and will appear on a criminal record as a previous offense.
What Doesn’t Count Towards a 2nd DWI Offense in Texas?
A Plea Bargain:
With a good DWI attorney, there’s a good chance that your first DWI charge was negotiated down to a lesser misdemeanor such as reckless driving or obstruction of a highway. In this instance, because your case was filed as a lesser offense it will not be considered a prior DWI conviction if you are charged with driving while intoxicated in the future.
A Previous Appeal:
While less common, your previous DWI conviction may have been successfully appealed. This is most commonly seen when there is prosecutorial misconduct or a court error- such as improper jury instructions. If your case is successfully appealed the court may decide to drop your charges. A successful appeal cannot be used as a prior conviction and is entitled to be expunged (or completely removed) from a criminal record
How Can a Lawyer Help With a 2nd DWI Charge in Texas?
Although the only way to prevent a 2nd DWI conviction is to avoid drinking and driving, an expert DWI lawyer is a close second. While there may be very little you can do to prevent a prior DWI from enhancing your charges, a DWI lawyer can take several approaches toward defending 2nd DWI charges.
Despite a DWI conviction never leaving your record in Texas, a skilled DWI attorney may be able to negotiate a plea bargain with the prosecution if your first offense was a long time ago or if you’re taking active steps toward rehabilitation.
In cases where the evidence against you is questionable or a traffic stop violated your constitutional rights, you may have a good chance at a dismissal or acquittal regardless of being a repeat offender.
