You could spend time in jail — and lose your driver’s license for as long as two years — upon conviction for a second offense DWI in Highland Park. You will also face a fine and the possibility of probation, community service, and court-ordered alcohol education courses — all at your own expense.
Not only are the penalties much worse for a second drunk driving charge, you may also struggle to bond out of jail after your arrest. Contact a second offense DWI lawyer in Highland Park for help.
The Law Offices of Randall B. Isenberg offers a free consultation to help you understand your options. We will even come to you in jail if necessary. Call us today at 214-696-9253 for help.
Consequences for a DWI Second Offense in Highland Park
In Highland Park, second offense DWIs carry a minimum Class A misdemeanor charge, which means you will spend time in jail — potentially up to one year. You will pay a fine of up to $4,000 as well as court costs and fees.
Even if the judge agrees to probation, you must spend a minimum of three days in jail.
If your blood alcohol concentration (BAC) was 0.15 or above, you will face a felony DWI charge, punishable as follows:
- 2 to 10 years in prison
- Up to $10,000 in fines
- Up to 2 years’ driver’s license suspension
You will also face felony charges if any of these aggravating circumstances apply:
- You had a minor child in your car (age 14 or younger);
- You had an open container in the vehicle; or
- You caused an accident with damage, injuries, or a fatality.
Before the judge will allow you to bond out of jail, you will have to pay to install a deep lung ignition locking device on your car. You will have to attend alcohol education classes and possibly court-ordered substance abuse treatment or rehab.
Finally, you will add yet another conviction to your permanent criminal record. Although Texas law allows the expungement or non-disclosure of many first offense DWIs, the courts will not seal or expunge a second drunk driving conviction.
How a Second Offense DWI Lawyer Can Help You
You may have agreed to plead guilty to your first DWI charge, especially if doing so helped you avoid jail time. For your second offense, however, you should speak with a Highland Park DWI lawyer before making any decisions or giving any statements to the police.
DWI attorney Randall Isenberg has more than three decades of experience as a felony prosecutor, judge, and criminal defense attorney. Our legal team understands how frightening and confusing your situation can be and we are here to help.
When you enlist our help, we will:
- Protect your legal rights
- Help you explore your options
- Identify legal defense strategies
- Negotiate with the prosecutor for reduced or dismissed charges
- Represent you at your ALR driver’s license suspension hearing
Our team, using our network of resources and subject matter experts, will explore the facts and evidence in your case. We will use any legal rights violations or errors we identify to negotiate with the prosecutor for a reduction of your charges. We can also petition the court to get your case dismissed, if possible.
Or, if necessary, we will build the most robust possible case in your defense and prepare for trial. However, we will do everything in our power to avoid going to court because the jury will learn that you have a previous drunk driving conviction, potentially putting you at a disadvantage.
Potential Legal Defense Strategies for Your Second Offense DWI
Fortunately, the prosecution must meet a high burden of proof to obtain a conviction. This provides our legal team with many opportunities to disprove the prosecutor’s evidence in your case.
We will base our legal strategies on the details of your case, once we obtain and analyze the available evidence. Some factors we will consider as we examine the evidence include:
Whether the Police Had Reasonable Suspicion to Pull You Over
To make a legal traffic stop, police officers must have a reasonable suspicion that you committed a crime. If we can demonstrate that they did not, we can potentially question the legality of your DWI traffic stop.
If the Police Had Probable Cause to Request that You Submit to Testing
Before arresting you and requesting that you submit to chemical testing for BAC, the police must establish probable cause. In Highland Park, officers typically use field sobriety tests or a portable breath testing device. If the officers in your case failed to follow established protocols for these tests, we may successfully persuade a judge to declare the chemical testing results inadmissible in court.
Whether the Police Properly Advised You of Your Rights
Before you submit to breathalyzer or blood testing for BAC, the police must verbally advise you of your legal rights — including your right to refuse chemical testing. They must also provide you with a copy of your rights in writing. If they fail to do so, we can challenge the legality of your testing.
Whether Your BAC Testing Met Applicable Standards
In Texas, breathalyzer testing technicians and blood testing labs must comply with a variety of established procedures and protocols. For example, breathalyzer technicians require extensive training, certification, and supervision. If the police or testing lab failed to comply with established requirements, we can question the accuracy of your testing results.
Talk to a Second Offense DWI Lawyer in Highland Park Today at No Cost
To help you make the most informed choices possible, the Law Offices of Randall B. Isenberg offers a free consultation and case review.
We are ready to fight for your freedom and your future. You do not have to face this situation alone. Contact our office today at 214-696-9253 to schedule your appointment with a second offense DWI lawyer in Highland Park.