Facing Your Second DWI Charge In Texas
If you’re based in Texas, and you’re facing your second DWI charge, you should have some understanding of how the legal system in this state operates. This means you should know that Texas isn’t a state that’s known for forgiveness.
Some of the toughest judges and police officers in the country are based here, and that means that sentences can be severe. With that said, even in Texas, the legal system can be understanding. As an example, Texans now have the option to seal DWI charges. Unfortunately, the laws aren’t as understanding when it comes to second DWI charges. You can expect more serious consequences the second time around.
If you’re facing these charges for a second time, these are a few of the things you’ll want to be aware of.
Consequences Of Your Second DWI Charge In Texas
Texas doesn’t classify a second DWI offense as a felony. This offense falls under the Class A misdemeanor classification, which means the consequences will be more serious than they were the first time. You may have thought that your initial DWI penalties are serious, but in Texas, you’ll find that the penalties for a second charge are much worse.
As an example, the fine you’ll be paying will be twice the size. Rather than paying $2,000, you’ll be paying $4,000. Of course, fines aren’t the only penalty that you’ll be facing. A second DWI charge comes with a mandatory jail sentence of 3-days. It’s possible that your sentence will be even longer than that. You could be spending up to one year in jail, which is twice the maximum sentence for a first DWI charge. Things will only get worse if you’re convicted of a third DWI. A third offense is classified as a felony.
In addition to the penalties listed above, you may have to install an ignition interlock device on your car or participate in educational programs. Your license could also be suspended for up to two years. While it may be possible for you to keep your license, you may not be able to maintain your license unless you pay a fine of $2,000 yearly for a three year period. Although these punishments are also a possibility for a first-time DWI offense, you’re more likely to receive the maximum punishment if you’re being charged with a DWI for the second time. After your first DWI conviction, your license might be suspended for just six months. If you’ve convicted the second time, it’s much more likely that you’ll be facing the maximum punishment for your offense.
To make matters worse, in Texas, record sealing isn’t an option for people that have been convicted of a DWI for a second time. Your charges will permanently be on your record.
The law also states that, during your trial, juries can be told that you’ve already been convicted of a DWI in the past. This is something that juries frown upon.
What To Do For Your Second DWI Charge In Texas
If you’re in Texas, and you’ve been charged with a DWI for the second time, it’s essential that you get in touch with a DWI lawyer that has plenty of experience. Working with a skilled attorney can lead to a more favorable outcome for you. The sooner you start working with a lawyer, the better. It isn’t easy to persuade juries to deliver a verdict of “Not Guilty” when someone has been charged with a DWI for the second time. People will make judgments when they hear you’ve already been convicted of a DWI before. That’s why you’ll need an attorney that will build a strong case on your behalf and gather evidence to support that case.
Even if you’re being charged with a DWI for the second time, a guilty verdict isn’t inevitable. The courts need to prove that you’re guilty beyond a reasonable down. Failing to recite the alphabet backward won’t doom your case. It’s possible to get a jury to rule in your favor even if you failed a Breathalyzer test. If you have a skilled DWI lawyer working for you, they’ll be able to challenge the evidence against you, which means the odds of you getting a “Not Guilty” verdict will increase.
You’ll also want to make sure you behave appropriately when a traffic stop is made. While some people say you shouldn’t submit to a Breathalyzer test, taking these tests could support your case. These tests aren’t as accurate as blood tests are. This makes it easier to convince the jury that the results of a test could be incorrect. You’ll also want to be aware of the rights that the Fifth Amendment grants you. You don’t need to respond to questions about what you’ve been doing or how much you drank. When you’re questioned by officers, you should state that you want to speak with your lawyer. You should comply with any commands that you’re given, but you don’t have to say anything more than that.
Butler Law Firm Your Second DWI Charge In Texas
You shouldn’t settle for anything less than the best if you’ve been charged with a DWI for the second time. Jim Butler is the top DWI lawyer in the Houston area. The experienced team at Butler Law Firm has helped many clients get a “Not Guilty” verdict after being charged with a DWI for a second time. They’ve also assisted clients facing intoxication manslaughter charges and people that are dealing with probation after a DWI offense. You can count on Jim Butler to help you!
He’s been working as a licensed lawyer for over two decades. When you work with Jim Butler, you’re less likely to receive jail time, which means it will be easier for you to keep your job and avoid long-term consequences. Currently, Butler exclusively handles DWI cases. These cases are his area of specialty. While Jim believes that driving while drunk is harmful, he is also aware that innocent people may be arrested and charged with a DUI. This is why he decided to defend clients facing these charges.
If you want to ensure the best possible outcome for your DWI case, you should put yourself in the hands of the Butler Law Firm. When you work with this firm, you’ll know that you’ll get the support you need. Reach out to the law firm today so that you can set up a free consultation. Jim Butler is ready and able to help you.