After your first DWI, you probably had to pay a significant fine and complete community service. You may have spent time in jail and lost your license. Naturally, you can expect the penalties for a second offense DWI to be even worse.
If you face a second DWI, get a second offense DWI lawyer in Grand Prairie on your side. An attorney who regularly handles these cases can help you understand what to expect and protect your rights throughout the process. Call the Law Offices of Randall B. Isenberg at 214-696-9253 today to discuss your case.
What Penalties Can I Expect for a Second Offense DWI?
A second offense DWI is usually a class A misdemeanor. A class A misdemeanor conviction calls for:
- 30 days to 1 year in jail
- Fines up to $4,000
- License suspension of 6 months to 2 years
- Possible community service, up to 200 hours
- Possible probation
- Possible drug and alcohol treatment or classes
- Possible ignition interlock device on your car
To avoid these stiff penalties, you will want a second offense DWI lawyer on your side fighting to minimize the impact your arrest has on your everyday life and your future. We can often negotiate reduced DWI charges with prosecutors, or convince the court to drop the charges if there is a lack of evidence.
How Will Your Attorney Fight Second Offense DWI Charges in Grand Prairie?
We will almost always begin a second offense DWI case with attempts to negotiate with the prosecutor to get a reduction in charges on your behalf. This is often possible, depending on the facts of your case. Occasionally, we can point out the weakness of the prosecution’s case, and ask that it drop the charges altogether.
During our investigation of these cases, we sometimes find that police:
- Acted inappropriately;
- Violated your rights; or
- Failed to follow proper guidelines for a traffic stop, arrest, or BAC testing
These actions can lead to us requesting a dismissal of the case.
If we determine the best way to get a positive outcome in your case is to go to court, we will work to establish reasonable doubt with the judge and jury. We will ask questions related to procedure and protocol, such as:
- Did the police have a valid reason for stopping you?
- Did they have reasonable suspicion of intoxication before asking to test your BAC?
- Did they conduct a field sobriety test in accordance with the National Highway Traffic Safety Administration(NHTSA) guidelines?
- Did they follow NHTSA guidelinesand Texas regulations for breathalyzer testing?
If the arresting officer failed to act according to guidelines, protocol, or Texas law, we can ask that the court refuse to accept the evidence against you. This is often how we win this type of case in court.
Will a Second Offense DWI Cost You Your Driver’s License?
It depends on the result of your license hearing. As with your first DWI, you will need to request an Administrative License Revocation hearing. At this hearing, an administrative law judge determines if you will lose your license and for how long. This process is completely independent of the criminal case against you.
We only have 15 days from the time of your arrest to request your Administrative License Revocation (ALR) hearing, or the Texas Department of Public Safety (TxDPS) will revoke your license. We can represent you during this hearing, ensuring the judge hears your side of the case and keeping you from saying anything that the prosecutor could use against you during your criminal trial.
Depending on the strength of the defense we can build for you, we may be able to prevent TxDPS from taking your license.
However, if this is not possible, we can help you apply for a provisional license. This type of license will allow you to drive to and from work, the doctor’s office, and run other important errands. A prior DWI suspension will keep you from obtaining this license for at least 90 days after your arrest.
Talk to a Second Offense DWI Lawyer About Your Case in Grand Prairie Today
If you face a second DWI conviction, you likely also face significant penalties including jail time, fines, and a license suspension. While many people think they can trust the court system and handle this type of case on their own, there is a chance they receive the maximum penalties and must contend with a second conviction on their permanent criminal record.
A second offense DWI is a serious charge, and you can trust a Grand Prairie DWI attorney at the Law Offices of Randall B. Isenberg to take your case seriously. We will help you understand the consequences you could face, and explore your legal options to minimize the impact of this type of charge and conviction.
Randall Isenberg has more than three decades of experience in the criminal justice system. He has handled thousands of cases as a criminal defense attorney, felony prosecutor, and district court judge.
You can reach the Law Offices of Randall B. Isenberg today at 214-696-9253. We offer no-cost case reviews and consultations to help you understand your options. Let us help you protect your future.