Second-Offense DWI in College Station

A repeat conviction for driving while intoxicated can lead to harsher penalties than a first-time offense. A second-time DWI offender can get penalized with increased jail time and larger fines.

Contact our professional law team when you are charged with a second offense DWI in College Station. Our skilled DWI attorneys could work to protect your rights and provide essential legal advice throughout your proceedings.

Penalties For a Second DWI Offense

A second-offense DWI can impose stiffer penalties than a first-time conviction in College Station. The state’s DWI laws generally prohibit a person from operating a motor vehicle while intoxicated under Texas Penal Code Annotated § 49.04. A driver is considered intoxicated if:

• Their physical or mental faculties are compromised by the use of alcohol, drugs, or some combination; or
• They have a blood alcohol concentration (BAC) of 0.08 percent or higher.

If you are found guilty of a first-time DWI, the crime is a class B misdemeanor with potential penalties that can include:

• 72 hours up to 180 days imprisonment;
• Civil penalties up to $2,000; and
• A driver’s license suspension for up to a year.

However, a second-time DUI is upgraded to a class A misdemeanor. This means harsher penalties, such as:

• 30 days to one year in jail;
• An up to $4,000 penalty; and
• A two-year driver’s license suspension.

Aggravating Factors Can Enhance Penalties

In addition to second-time DWI offenses in College Station, certain aggravating factors can lead to harsher criminal charges and penalties, like:

• A third-time DWI offense;
• A DWI with a child passenger under 15 years old;
• A DWI with an open container in the vehicle; and
• A DWI that leads to an accident or mistake that causes bodily injury or death.

Some of these conditions can increase the DWI-related charges to a felony offense. For example, a DWI that causes serious bodily injury is considered intoxication assault under Tex. Pen. Code Ann. § 49.07, a third-degree felony that can impose:

• Two to 10 years imprisonment; and
• A $10,000 penalty.

If the injury causes death, the crime is considered intoxication manslaughter under Tex. Pen. Code Ann. § 49.08, a third-degree felony. The maximum penalties are:

• Jail time from two to 20 years; and
• An up to $10,000 fine.

For more information on potential penalties for your charges, call a seasoned criminal defense attorney today.

Repeat Offenses From Other States

It is important to note that the state also considers DWI cases from other states when deciding whether to charge a College Station defendant with a second-time DWI offense.

According to Tex. Pen. Code Ann. § 49.09, a second DWI offense is upgraded to a third-degree felony if it is shown that the defendant previously committed intoxication manslaughter in another state. However, the other state must have a law substantially similar to the intoxication manslaughter statute in Texas. Pen. Code Ann. § 49.08.

Consult With a College Station Attorney Regarding Second-Offense DWIs

Repeat drunk driving offenses come with severe consequences that can have a long-term impact on your life and harm your reputation. You may have difficulty obtaining employment or passing a background check with these offenses on your record.

Our team will work hard on your behalf to fight allegations from a second-offense DWI in College Station, which can include seeking reduced charges. Get in touch with our dedicated attorneys as soon as possible for a thorough examination of your charges.