Once an individual is charged with a 2nd DWI they are considered repeat offenders and the stakes are raised as far as criminal penalties are concerned. There is a mandatory jail sentence that must be served which, in most cases, is less than 30 days.
However, we may be able to petition the court to allow you to serve your sentence on weekends.
Also, if convicted, the defendant is still considered eligible for probation which can help if the defendant has a career he or she is hoping to maintain, or simply wants to avoid jail.
Penalties for 2nd DWI Convictions
The criminal penalties for persons convicted for Driving While Intoxicated a second time will require some jail time.
If you elect to not fight the charge and/or are convicted in the court of law, penalties are greater than 1st DWI penalties in that the potential fine rises to a maximum of 4,000.00, the potential jail term increases to a period that lasts from 30 days to 1 year, and there’s also the suspension of the Texas Drivers License which lasts from 180 days to 2 years.
The above penalties illustrate potential sentencing that may come to bear in the worse case, however, working with attorney Christian Capitaine on your DWI case, or an equally experienced DWI defense lawyer in Houston, is the best route to take in order to get the best possible results for your personal situation from the criminal court.
Probation on 2nd DWI’s
Community Supervision, also referred to as Probation, remains a possibility on 2nd DWI offenses, but the defendant will likely have to serve the full 2 year term of the probationary sentence. Some of the requirements of Community Supervision are a likely requirement to serve some jail time which is normally limited to 30 days, if that.
Another requirement is the participation in community service activities to the tune of anywhere from 70 – 200 hours in addition to a breathalyzer/deep-lung type device being installed in your vehicle which is connected to the ignition for the purpose of preventing your vehicle from operating in the event that alcohol is detected on your breath.
If alcohol is detected by the device, the court may be notified of your attempt to driving while intoxicated which will create new challenges for your situation in the form of additional jail time and probation revocation.
For more information, or if you’re facing prosecution for a 2 DWI offense in Texas, contact Houston DWI lawyer Christian Capitaine at 832-618-7831.