Houston Second Or Third Offense Attorney
SECOND OR THIRD OFFENSE DWI IN TEXAS
WHAT HAPPENS IF YOU GET A SECOND OR THIRD DWI IN TEXAS?
Prior Driving While Intoxicated (DWI) convictions can greatly impact the severity of the charges that a prosecutor files against you. A person charged with a second or third offense DWI will face significantly more jail time, a higher fine, longer license suspension, and a longer alcohol education program. If at trial it is determined that you were previously convicted of operating a motor vehicle, aircraft, watercraft, or amusement ride, you could be convicted of a Class A Misdemeanor with a minimum term of confinement of 30 days under Texas Penal Code Section 49.09.
Under Texas law, a Class A Misdemeanor is punishable by a fine not to exceed $4,000, confinement in jail for up to one (1) year, or both. In addition, on a second offense DWI conviction, a person may lose their driving privileges for up to two (2) years and could face an annual fee of $1,000, $1,500, or $2,000 for three (3) years to retain their driver’s license according to the Texas Department of Transportation (TxDOT).
TEXAS THIRD OFFENSE DWI OFFENSES
If you have two prior DWI convictions, you could face a fine of up to $10,000 and anywhere from two to ten years in prison upon conviction. You may suffer a loss of license for up to two (2) years as a result of the conviction and could have to pay an annual fee of $1,000, $1,500, or $2,000 for three (3) years to retain your driver’s license.
IGNITION INTERLOCK REQUIREMENTS
Pursuant to regulations by the TxDOT, “after two or more DWI convictions in five years, you must install a special ignition switch that prevents your vehicle from being operated if you’ve been drinking.”
In order to reinstate your driving privileges, under certain circumstances, the court will order you to install an ignition interlock device (IID). An IID prevents your vehicle from starting if a measurable amount of alcohol is detected in your breath. If you receive a court order to install an IID, you may not operate a motor vehicle without the device. To obtain your restricted interlock license from the Texas Department of Public Safety, you must meet the following:
- “Your Texas driver license must not be expired;
- Your Texas driver license must not be suspended, revoked, canceled, or denied for any other reason;
- You must submit the restricted interlock license fee; and
- Any outstanding Reinstatement fees for processing.”
RETAINING LEGAL REPRESENTATION AFTER A HOUSTON DWI ARREST
On a second or third DWI offense in Texas, you are facing significant jail time. You cannot afford to take your chances without a leading DWI defense attorney. At James Alston Law, we know that these can be challenging times for you and your family. We will fight hard to protect your rights and your freedom.
Our first priority is getting you out of custody and home with your loved ones. After an arrest for a DWI, you will be facing a license suspension. You need to contact our office immediately so that we can request a hearing on your behalf. Do not wait until it is too late. Attorney James Alston can represent you at both the administrative hearing and in the criminal courts. Contact James Alston Law today to schedule a consultation at (713) 228-1400.