Being convicted of driving while intoxicated (DWI) once can carry a significant legal penalty. A second DWI conviction can result in even further harm to your finances, reputation, and quality of life. A lawyer may be able to:
- Assess your case
- Advise you on potential legal approaches
- Execute your defense
If you want to hear more about how an Arlington second offense DWI lawyer may be able to help you, call our team at the Law Offices of Randall B. Isenberg today at (214) 696-9253 for a free consultation.
Texas Law Does Not Treat DWI Lightly
Depending on the circumstances surrounding your arrest for a second-offense DWI, you could be subject to consequences for:
- A Class A misdemeanor
- A state jail felony
- A third-degree felony
- A second-degree felony
- A first-degree felony
The legal consequences of these crimes vary in their severity, with a Class A misdemeanor being the least serious and a first-degree felony carrying the most severe punishment, per §. 49.09 of the Texas Penal Code.
You may be charged with a Class A misdemeanor if:
- You have been previously convicted of driving while intoxicated (DWI)
- Your arrest is not subject to any aggravating circumstances
Per The Texas Politics Project, a conviction for a charge that is a Class A misdemeanor may result in a sentence of:
- Up to 1 year in jail
- Up to $4,000 in fines
All DWI-related offenses are likely to result in the suspension of your driver’s license, per the Texas Department of Public Safety (TxDPS).
The factors involved in your arrest may enhance the charges that you face. For example, you could face a state jail felony if there was a child passenger in your vehicle at the time you were arrested. If you are charged and convicted of a state jail felony, then your punishment may include:
- Confinement of up to 2 years in state jail
- A fine of up to $10,000
- A felony conviction on your record, which could be permanent
If you cause an accident resulting in bodily injury, then you could be charged with a third-, second-, or first-degree felony. For a third-degree felony conviction, your punishment may include:
- Up to 10 years’ confinement in prison
- Up to $10,000 in fines
- A felony conviction on your record
For a second-degree felony conviction, you may face:
- Up to 20 years’ confinement in prison
- Up to $10,000 in fines
- A felony conviction on your record
For a first-degree felony conviction – which may arise because of various forms of intoxication assault (per Sec. 49.09 of the Texas Penal Code) – you could be facing:
- Up to life in prison
- A fine of up to $10,000
- Permanent loss of your freedom
A judge may view a previous DWI conviction as a reason to view you as a repeat offender, and may not act with leniency when it comes to your sentencing. You may want to do everything in your power – which may include speaking with an Arlington second offense DWI lawyer – to fight your pending DWI charge. Call our team at the Law Offices of Randall B. Isenberg today at (214) 696-9253 to learn more about how we may be able to assist in your defense.
The Value of Speaking With a DWI Lawyer
A consultation with a lawyer may:
- Help you better understand the seriousness of the charges against you
- Give you a more realistic perspective into the possible outcomes of your case
- Provide answers to questions and concerns that you currently have
You could ultimately decide to move forward in your defense with assistance from a lawyer. You may choose to do so because:
- You do not want to fight your second DWI case on your own
- You believe that a lawyer could help you
Some of the services that a lawyer may provide you include:
- Assessing your case (including any evidence that is in your favor or against your favor) to provide an honest evaluation of the strength of the charges against you
- Collecting any yet-to-be-discovered evidence that may cast doubt upon your guilt
- Seeking any evidence that law enforcement acted inappropriately in the manner in which they pulled you over or interacted with you
- Advising you regarding your options
- Representing you in plea negotiations
- If your case goes to trial, representing you and arguing the case that you are not guilty of the DWI charge levied against you
- Recruiting any experts who could provide beneficial testimony
- Defending your rights
A lawyer may be able to speak with the prosecutor and judge in your case to reach a resolution that works for you. The threat of a DWI conviction may be looming large, and it is important that you understand the full weight that a second DWI conviction could bring upon your life.
A Second DWI Conviction Could Have Lingering Effects
Aside from any fines, jail or prison time, and license suspensions that you are sentenced to because of a second DWI conviction, it is the fact that you are convicted of a DWI that may have the greatest impact on your life. If your criminal record consists of not one, but two DWI convictions, then you may:
- Have difficulty obtaining parental rights, if you are a single parent
- Temporarily or permanently forfeit your right to vote, your right to hold federal employment, and your Second Amendment right to a firearm
- Face an uphill battle towards gaining employment and housing that you find desirable
- Be disqualified from obtaining loans, including but not limited to a mortgage or small business loan
- May face prohibitively high automotive insurance rates
Focusing all available resources on your defense may be the way to avoid one or more of these possible consequences.
Call Our Team at the Law Offices of Randall B. Isenberg Today
Randall B. Isenberg has been a state district judge and prosecutor. Call our team at the Law Offices of Randall B. Isenberg today at (214) 696-9253 for a free consultation regarding your defense. A Arlington second offense DWI lawyer may be able to help you.
