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What Happens if I Have More Than One DWI/DUI in Texas

In Texas, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are serious criminal offenses. While the terms are often used interchangeably, they have different legal meanings. DWI refers specifically to driving with a blood alcohol concentration (BAC) of 0.08% or more, while DUI typically applies to minors caught driving under the influence of alcohol or drugs. Both offenses carry significant consequences, but what happens if you’ve been arrested multiple times?

First Offense: What to Expect

If this is your first DWI/DUI offense in Texas, you may face penalties such as fines, license suspension, and mandatory alcohol education classes. Generally, a first offense might result in a fine of up to $2,000, a 90-day to 1-year license suspension, and mandatory participation in an alcohol education program. In some cases, you could also be required to install an ignition interlock device in your vehicle.

Second DWI/DUI Offense: The Stakes Get Higher

A second offense brings more severe consequences. For a second DWI/DUI, you can face higher fines, an extended license suspension (up to 2 years), and possibly mandatory jail time. In Texas, the penalty for a second offense could include:

  • Fines of up to $4,000
  • License suspension for up to 2 years
  • Up to 1 year in jail (with probation possible)
  • Enrollment in an alcohol education program

In addition, your chances of getting probation decrease if your BAC was high at the time of the offense, making it essential to have skilled legal representation.

Third DWI/DUI Offense: Facing Serious Consequences

By the time you reach a third DWI/DUI offense, the penalties become much harsher. A third offense is classified as a felony under Texas law, and this means you could face:

  • Fines up to $10,000
  • Up to 10 years in prison (with the possibility of parole)
  • Probation, though it is harder to obtain for third offenses
  • A longer license suspension

A felony conviction can significantly impact your future, both personally and professionally, making it crucial to seek the best legal counsel available.

Aggravating Factors: When the Penalties Are Even Worse

Some aggravating factors can increase the severity of your penalties even more. These include:

  • DWI with a child passenger
    If you are arrested for DWI while carrying a passenger under the age of 15, you could face up to 2 years in prison and fines up to $10,000.

  • High BAC (0.15 or higher)
    If your BAC is higher than 0.15, you may face enhanced penalties, including longer license suspension and a higher likelihood of mandatory jail time.

  • Prior criminal history
    Previous convictions, especially for other alcohol-related offenses, can make it more difficult to avoid the harsher penalties for repeated DWI/DUI offenses.

Penalties for Multiple DWI/DUI Offenses

The penalties for multiple DWI/DUI offenses include not only jail time and fines but also additional requirements like:

  • Ignition interlock devices
    A court may require you to install an ignition interlock device on your vehicle for a period of time after your conviction.

  • Alcohol education and treatment programs
    Multiple offenders are often required to attend long-term alcohol education or rehabilitation programs.

  • Probation and parole
    For more serious offenses, probation or parole may be offered, but this comes with strict requirements, and violating the terms can result in additional penalties.

License Suspension and Revocation

A repeated DWI/DUI conviction often means longer license suspensions or even complete revocation. For a second or third offense, Texas law allows for the possibility of:

  • License suspension for 2 years or more

  • Revocation of your license permanently in extreme cases

  • Temporary or hardship licenses
    In some cases, you may qualify for a limited license that allows you to drive to work, school, or medical appointments.

The Importance of Hiring a DWI/DUI Attorney

If you’ve been arrested for multiple DWI/DUI offenses, it’s essential to hire an experienced attorney who specializes in these cases. A skilled lawyer can help reduce penalties, negotiate plea deals, and offer defense strategies to challenge the charges against you. With the stakes higher for multiple offenses, the expertise of a seasoned attorney is invaluable.

What Happens After Your Conviction?

A DWI/DUI conviction can affect many areas of your life. Aside from the legal penalties, you might find it difficult to secure employment, especially if your job requires you to drive. Your insurance premiums may also skyrocket, and your criminal record will follow you.

Defending Yourself Against Multiple DWI/DUI Charges

Challenging multiple DWI/DUI charges requires a thorough defense strategy. A few common defenses include:

  • Challenging the evidence
    Proving that the BAC test was inaccurate or improperly administered can lead to the dismissal of charges.

  • Plea deals
    Sometimes, negotiating a plea deal for a lesser charge (like reckless driving) can help reduce the consequences.

The Role of Probation in DWI/DUI Cases

If you are sentenced to probation, you must comply with strict conditions, which may include regular check-ins, substance abuse counseling, and attending alcohol education programs. Violating any terms of your probation could result in serving time in jail or prison.

Understanding the Appeal Process

If convicted, you have the right to appeal. An appeal doesn’t mean a retrial, but rather a review of your case to ensure there were no legal errors that impacted the outcome. If successful, an appeal can reduce or even overturn the conviction.

Preventing Future Offenses

Once you’ve been convicted of DWI/DUI multiple times, avoiding further offenses becomes crucial. Alcohol treatment programs, designated drivers, and making safe transportation plans are all ways to prevent future issues

Having more than one DWI/DUI conviction in Texas is a serious matter that can lead to severe consequences. Whether you’re facing jail time, fines, or a long-term suspension of your driving privileges, understanding your rights and options is crucial. Don’t hesitate to reach out to a qualified attorney who can guide you through the process and help you achieve the best possible outcome.

protect your future

If you’re facing multiple DWI/DUI offenses, don’t wait to get help. The Law Office of Robert Barrera Arellano offers aggressive and skilled legal representation for those accused of repeated alcohol-related offenses.

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FAQs

DWI refers to driving with a BAC of 0.08% or higher, while DUI generally applies to minors under the influence of alcohol or drugs.

A second offense can result in a license suspension for up to 2 years.

Probation is possible for a third offense, but it is more difficult to obtain, and prison time is often a possibility.

An ignition interlock device is a breathalyzer that prevents you from starting your car if your BAC is above a set limit.

Yes, you can appeal your conviction, but it’s important to work with an attorney to determine the best course of action.

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