Texas judges tend to take a much harsher view of repeat driving while intoxicated (DWI) offenses. If you have been arrested for a second DWI in Lewisville, you should take the criminal charges seriously, as the penalties you face increase significantly from the first offense.
While the penalties that accompany a second DWI charge are severe, many of the same defenses apply. The prosecution is still required to demonstrate probable cause for your arrest and have enough evidence to support the charges brought against you.
We would advise you to consider legal representation promptly to protect your rights and your future. A Lewisville second offense DWI lawyer can carefully examine your case and make every effort to have the charges against you dismissed or reduced.
At the Law Offices of Randall B. Isenberg, we believe everyone deserves a thorough and dignified defense. If you have been arrested for a second DWI offense, it does not automatically follow that you will be convicted. Contact our office for help with your situation at (214) 696-9253 today.
Increased Penalties for a Second DWI Offense
If you are pulled over while driving and there is evidence of your blood alcohol concentration (BAC) being over the legal limit of 0.08 percent, you will likely face DWI charges. A second-offense DWI in Texas is a class A misdemeanor.
According to the Texas Department of Public Safety, second-offense DWI penalties can hit hard, including a fine of up to $4,000, a jail sentence of 30 days to one year, and the loss of your driver’s license for up to two years. Other possible consequences of a conviction include:
- A permanent criminal record
- An increase in your auto insurance premium
- Reduced employment opportunities
- Difficulty renting homes or apartments
- Restrictions on your ability to obtain professional licenses
- A court order to install an ignition interlock device (IID) on your vehicle (this is a device that you must blow into before starting your car which measures the alcohol concentration levels in your breath. If it is below a specific reading, your car will start)
- Community service
- Mandatory attendance at an approved alcohol education program
- Additional counseling
Many of the penalties above could add further financial pressure. You will be responsible for paying any costs associated with these consequences, such as monthly expenses related to IIDs, counseling costs, and increased car insurance fees.
However, it is crucial to remember that being arrested for a DWI is not the same as being convicted; there are things we may be able to do to mitigate the impact of your charges or have them dismissed, depending on the circumstances.
Plea Bargains and Other Defenses That Could Reduce a Second DWI
Following your arrest, the prosecutor may encourage you to plead guilty, but they will still need to prove beyond a reasonable doubt that you are guilty. It may be beneficial to take advantage of a free case review with a DWI lawyer to learn more about your legal options before pleading guilty, so you can make an informed choice about how best to proceed with your case.
For example, a thorough investigation into your case could reveal evidence that helps your defense and could see your charges being dismissed or reduced. According to the National Highway Traffic Safety Administration (NHTSA), some possible defenses can include:
- Inaccurate blood, breath, or urine tests
- False positives from BAC tests and other chemical tests
We may also be able to see if any of these situations played a factor in your arrest:
- Lack of probable cause to stop you
- Constitutional rights violations
- Police arrest and procedural errors
- Improperly administered field sobriety tests
Another strategy that may reduce the impact of a DWI on your future is entering a plea bargain. This may be the most suitable action if we can negotiate a favorable deal.
If we are unable to get your charges dismissed but have strong evidence that could see you prevail in court, entering a plea of not guilty may be the most suitable option for a positive outcome.
At the Law Offices of Randall B. Isenberg, we believe every person accused of a crime should be presumed innocent until proven otherwise. If you need help handling a second-offense DWI charge, contact us for a free case review at (214) 696-9253 today.
Fight Your Charges With Help From a Lewisville Second Offense DWI Lawyer
If you are facing a second DWI charge in Lewisville, your future and possibly your freedom are in the balance, along with the hidden consequences for your career, family life, and financial status.
The penalties associated with being convicted of a second DWI depend on many factors; however, there are typically four possible outcomes for your second DWI case:
- We get the state or court to drop the charges against you
- We negotiate a plea deal with alternative charges
- We take your case to trial if we feel strongly enough that you could prevail
- We provide compelling evidence to demonstrate why you deserve a lenient sentence if you plead guilty
When you choose us to represent you, we will investigate the events leading to your arrest and how the chemical tests were administered. We will then carefully examine the evidence against you for any flaws or errors to determine the best course of action for your case.
Depending on your circumstances, and the strength of the evidence against you, we may be able to build a strong case that allows us to seek dismissal, reduced charges, or alternative penalties.
The Law Offices of Randall B. Isenberg: Here When It Matters
If you have been arrested for a second DWI offense, it is important to stay calm and consider enlisting help from a Lewisville second offense DWI lawyer who may be able to fight the charges against you and work to minimize the impact they have on your life.
With skills developed over thirty years working as both a former prosecutor and state district judge, Randall B. Isenberg has the knowledge and experience to protect your rights and potentially build a robust defense.
We work hard to reduce the stress of impending DWI charges for our clients, and because we stay current on the laws, methods, and technologies used to build evidence against you, we may be able to present a serious defense for your case. Call and discuss your circumstances with us in a complimentary case review at (214) 696-9253 today.