Arrested a second time for DWI?
Being convicted of a second DWI can result in a long list of penalties as well as a criminal record visible to employers, landlords and educational institutions. The repercussions can be intense, there is the risk of a long slue of penalties, and many inconveniences stemming from perhaps a simple mistake or misunderstanding. Unlike a first offense, a second DWI charge is punishable as a Class A misdemeanor, the most serious type, which is comparable to assault with bodily injury or resisting arrest. Because there is the obvious case made that you have been in the same trouble before it is often presumed by a judge or jury that you have simply not learned your lesson or have great disregard for the law, however this is often far from the case.
Each DWI case is unique and should be considered carefully will all evidence examined. Often times a second DWI offense is easily skimmed over and judged on assumption with bias and little know fact about the exact parameters of the case. It is important to have a strong defense time behind your case to help you represent every facet of your incident in order to help alleviate the presumed punishment for second offense DWI convictions. Going from behind the wheel to behind bars for an extended period over a misunderstood incident can be grueling for many of those being convicted who aren’t nearly as bad or ‘criminalized’ as the law may depict.
How Serious Is A Second DWI Offense?
It is understandable that there would be some fear and uncertainty following a second DWI offense. There are presumably stiffer punishments, less room for understanding or forgiveness, and of course the looming worry that a harsh sentence and ‘inevitable jail time’ is just around the corner. However many of our clients contact us in a frantic rush out of not knowing what is to become of their freedom or reputation. To this we open up and relieve many worries of our clients by informing them of the lighter reality of their situation.
As said before, every DWI case is different. Therefore there are many different possible outcomes for each one. The law and promoted punishment for returning DWI offenders is a bit harsh. Often times people hear things like multiple years in prison, lost license and driving privileges for upwards of 3 years, and thousands of dollars in fines. While some DWI second offense charges have turned out this way in the past so as to pave the way for these beliefs.
Your DWI offense cannot be understood from just a simple report and a folder or file on record in the court house. Let our experienced legal experts fight for you to make sure you don’t see harsh and stiff punishments like many poorly represented offenders. There are many different aspects to a second offense DWI case that often aren’t delegated properly or argued on behalf of the defendant. Some of them are:
- Recorded BAC
Often times an offender’s BAC, or Blood Alcohol Content isn’t recorder properly or on time, thus creating a bit of confusion. For instance if a BAC is taken not immediately at the time of the incident and citation then it could be improperly assumed or reported incorrectly.
- Refusal To Test
A judge or jury could be making improper assumptions of a case based on an offender’s choice to refuse a breathalyzer test or any other form of BAC testing procedure. Many times at the time of the incident an offender could be confused about what implications or admissions taking a test could have.
- Scene of the incident
The scene at which an incident occurs often has a lot to say about the nature of the accident and provide details that should not be overlooked while delegating the verdict. Things such as if there were other passengers in the vehicle, if the incident resulted in an accident or just a traffic stop, and if there were other vehicles or pedestrians nearby that could pose obstacles and hazards.
What Does Conviction Of A Second DWI Mean?
If convicted for the second time within five years of the first offense, Texas law requires Travis County courts to order that individual to install and maintain a deep-lung air device in their vehicle, which measures blood alcohol content (BAC). Also known as an ignition interlock device, it requires the driver to breathe into the machine before the car will start. If alcohol is detected, the car will not start. The device also requires pulling over periodically while driving to test the driver’s BAC. While these installations are understandable to assure the state you are following their procedures to keep Texas roads safer, they are a pretty serious punishment and provide a level of inconvenience which doesn’t always need to be coupled with other stiff punishments.
There can be some seriously significant penalties for those convicted of a second DWI offense, especially if the offender isn’t represented well in court to debate their claim. Sometimes a hefty jail sentence is given, a lengthy revocation of a license, and even the equivalent to a years worth of the convicted’s salary for a fine. With the proper representation from our experienced legal firm you could see a reduction in penalties and conviction for your second DWI offense.
Alternative penalties for a second DWI can include any of the following:
- Driver’s license suspension between 180 days and two years
- Fines up to $4,000, not including court costs and other additional fees
- Jail time between 30 days and one year
- Community supervision
- Monthly reporting to a probation officer
- Community service up to 200 hours
- Attendance at an alcohol or drug education program
- Requirement to file an SR-22 proof of liability insurance for at least two years
Call Our Attorneys Today
If you live in the Austin area and have been charged with your second DWI, contact Carroll Troberman, PLLC today. Criminal defense a ttorneysBlair Carroll and Meredith “Shelly” Troberman have the DWI defenseexperience you need to navigate this stressful time in your life. Call us now to set up a free consultation at 512-478-3800.