What to Do When You Get a Second DWI
Getting arrested for a DWI can be incredibly stressful and distressing. While you may not believe there is anything worse at the time of your initial arrest, getting arrested again can bring even more pain.
When an individual is pulled over by law enforcement for a traffic violation and the officer suspects they are under the influence, field sobriety exercises or other sobriety tests could follow. If the person does not perform well and the officer notices a prior DWI charge on the individual’s record, a second DWI arrest is likely.
The consequences for a second DWI conviction are high. It is important you connect with an experienced Houston DWI lawyer as soon after an arrest as possible. When you have a skilled attorney advocating for you, there may be additional options moving forward.
Mandatory Penalties for a Second Conviction
There are some mandatory penalties when a person is convicted for driving while intoxicated in the state of Texas. Some of the second DWI conviction penalties follow.
- A fine of up to four thousand dollars
- Jail time, even in the event of probation
- Drug testing on a monthly basis
- Suspension of driver’s license for up to a couple of years
- Need to report to a probation officer monthly
- Ignition interlock device needing to be installed in your vehicle
- Inability to have your records sealed
While these are harsh penalties, things can get worse if you are arrested for a DWI again. After your second charge, the next is a felony offense.
Proving You Were Not Intoxicated
Of course, before you have to endure the consequences of a second DWI charge, it has to be proven you were intoxicated. For example, there are times when an officer pulls over a person for a traffic violation and then sees another alcohol offense on the driver’s record and jumps to a conclusion. Prior DWIs can lead an officer to believe the individual is once again under the influence. For this reason, refusing tests may be appropriate.
For instance, field sobriety tests often are connected to an individual’s balance and coordination. They are not necessarily directly related to drinking alcohol, a person can lose their balance or be uncoordinated for a variety of reasons. They may not be able to successfully perform a walk-and-turn test, because of a health issue, for example.The tests themselves are subjective and not based on scientific fact, they may only underscore an officer’s suspicion.
If you were already arrested, it is important you connect with a seasoned Houston DWI lawyer. Legal professionals who have experience on aggressive criminal defense teams can work to avoid conviction when possible.
Are you facing a second DWI conviction in the state of Texas? Our experienced legal team can defend you against criminal charges. We have the knowledge to protect you whether the alleged crime was minor or serious. Reach out to the legal team at Ayson Law Firm to understand your rights. Contact us today for a free consultation with a Houston criminal defense attorney today.