The Penalties of a Second DWI in Texas


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A second DWI charge in Texas remains a misdemeanor offense, but if you are convicted of this second offense, you face very significant consequences that are both direct and collateral. A DWI second – or DWI misdemeanor repetition – conviction comes with mandatory jail time even if you are sentenced to probation rather than to jail. Further, with a DWI second, if you are ever charged with another DWI, it is going to be a mandatory felony charge. In other words, a DWI misdemeanor repetition charge is a serious charge that you should take extremely seriously.

Jail Time as a Condition of Probation

If you are convicted of a DWI second, you face mandatory jail time even as a condition of your probation. If your prior conviction was within the last five years, you will spend a minimum of five days in jail, and if your prior conviction was more than five years ago, you will spend at least 72 hours in jail. The maximum jail time that you can serve as a condition of probation for a DWI second is 30 days, and a judge may impose probation of up to 2 years.

Additional Conditions of a DWI Second

If you are convicted of a second DWI in Texas, you will very likely also need to fulfill various other conditions, which can include:

  • Attending the DWI Repeat Offender Program (DWI ROP)
  • Attending a Substance Abuse Evaluation/Treatment Alternatives to Incarceration Program (TAIP)
  • Having a car interlock system installed as a condition of your probation
  • Putting in a specified number of community service hours
  • Attending a victim impact panel

Conditions of Bond

If you are charged with a DWI second in the State of Texas, you will probably be required to have a car interlock system installed in all the vehicles you drive before you are released on bond. Further, your bond will likely also likely be under the condition that you drink no alcohol while on bond.

Attendant Fines and License Suspension

If you are convicted of a second DWI in Texas, you will face up to $4,000 in imposed fines – whether you receive a jail sentence or a probated sentence. Further, the court can suspend your driver’s license for up to two years for a jail sentence. And if your record indicates that you have more than one DWI-related contact within the previous 10 years, you face a routine license suspension of one year.

Call Us Today to Schedule a Free Case Evaluation with a DWI Defense Lawyer in Killeen

DWI charges are always serious, and second charges are more serious still. Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a formidable Killeen criminal lawyer who is committed to bringing your strongest case in defense of your rights and for your case’s best possible resolution. We’re here to help, so please do not hesitate to contact us¬†or call us at (254) 220-4225 for more information today.
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