What Happens if You Are Arrested for a Second or Third DWI?
Most people are aware that being arrested for driving while intoxicated (DWI) can lead to serious legal consequences, even if it is your first offense. However, the penalties for a second or third DWI conviction are much more severe, and you need an experienced attorney to fight for your rights if you have been charged with a second or subsequent DWI in Texas.
At the Sloane Law Firm, PLLC, we understand the anxiety you may be feeling if you are facing a repeat DWI offense. We want you to know that we are here to help you, and we will work tirelessly to protect your rights and freedom. Our firm has successfully defended numerous clients who have been charged with multiple DWIs, and we are prepared to go to work for you. Call us today at (817) 349-7118 or contact us online to get started with a free and confidential case evaluation.
Your future is at stake—do not hesitate to contact the Sloane Law Firm
What Are the Penalties for Multiple DWI Convictions?
The penalties for a second, third, or subsequent DWI conviction in Texas include:
- Second Offense: A second DWI conviction is a Class A misdemeanor punishable by a fine of up to $4,000, a jail sentence of 30 days to one year, and a driver's license suspension of up to two years. If you are convicted of a second DWI offense within five years of your first conviction, you will also be required to install an ignition interlock device (IID) on your vehicle.
- Third Offense: A third DWI conviction is a third-degree felony punishable by a fine of up to $10,000, a prison sentence of two to 10 years, and a driver's license suspension of up to two years. You will also be required to install an IID on your vehicle after a third DWI conviction.
- Subsequent Offenses: If you are convicted of a fourth or subsequent DWI, you will be charged with a third-degree felony punishable by a fine of up to $10,000, a prison sentence of two to 10 years, and a driver's license suspension of up to two years. You will also be required to install an IID on your vehicle.
As you can see, the penalties for a second, third, or subsequent DWI conviction in Texas are extremely harsh, and a conviction can have a significant impact on your personal and professional life. However, you are not automatically guilty just because you have been charged with a multiple DWI offense. An experienced attorney can help you build a strong defense and fight for the best possible outcome in your case.
Can You Get a Second or Third DWI Expunged?
In some states, it is possible to have your first DWI conviction expunged from your criminal record if you complete a probationary period and do not get into any further legal trouble. However, that is not the case in Texas, and a DWI conviction will remain on your record indefinitely.
What about second, third, or subsequent DWI convictions? Can you get those expunged from your record?
In Texas, a DWI conviction can never be expunged from your criminal record. However, you may be eligible for an order of non-disclosure, which would seal your criminal record from public view. To be eligible for an order of non-disclosure, you must:
- Have completed the terms of your probation, including any required community service and alcohol education programs
- Not have been convicted of any additional crimes
- Wait a certain period of time after your conviction, which ranges from two to five years depending on the circumstances of your case
It is important to note that you are not eligible for an order of non-disclosure if:
- You were required to install an IID on your vehicle after your DWI conviction
- Your DWI conviction involved an accident in which someone was injured or killed
- Your DWI conviction involved the use of a commercial vehicle
If you are eligible for an order of non-disclosure, you should know that it is not automatic, and you will need to go through the legal process to obtain one. An experienced attorney can help you determine if you are eligible for an order of non-disclosure and guide you through the legal process to obtain one.
How We Can Help You Fight a Multiple DWI Charge
At the Sloane Law Firm, PLLC, we are committed to providing the aggressive representation you need if you have been charged with a second, third, or subsequent DWI in Texas. We will conduct a thorough investigation of your case, review all relevant evidence, and help you understand your legal options.
Some of the key questions we will ask as we investigate your case include:
- Did the arresting officer have probable cause to stop you in the first place?
- Did the officer properly administer the field sobriety test?
- Did the officer follow the proper protocol during the arrest and booking process?
- Were the results of your breathalyzer test or blood test accurate?
- Did the officer read you your Miranda rights?
- Did the officer have a valid search warrant?
If we can find any evidence that your rights were violated at any point during the arrest and booking process, we will immediately file a motion to have your case dismissed. If the court denies our motion, we will work to get the charges against you reduced or fight for an acquittal at trial. We are experienced litigators, and we will do everything in our power to protect your rights and freedom.
What Are the Best Defense Strategies for a Multiple DWI Charge?
There are many different defense strategies that can be effective in a multiple DWI case, and the best strategy for you will depend on the specific circumstances of your case. However, some of the most effective defense strategies that we have used to help our clients in the past include:
- Challenging the results of the field sobriety test
- Challenging the results of the breathalyzer test or blood test
- Challenging the legality of the traffic stop
- Challenging the legality of the arrest and booking process
- Challenging the validity of the search warrant
- Challenging the credibility of the arresting officer
- Challenging the credibility of the prosecution's witnesses
- Arguing that you were the victim of mistaken identity
- Arguing that you have a medical condition that caused you to fail the field sobriety test
- Arguing that you were not driving while intoxicated
It is important to note that the prosecution has the burden of proving that you are guilty beyond a reasonable doubt. If we can create any doubt in the mind of the judge or jury, we will have a good chance of getting the charges against you reduced or dismissed.
Call us today at (817) 349-7118 or contact us online to get started with a free and confidential case evaluation.