Prosecutors handle second offense DWI charges in Denton the same way they handle a first offense. However, prosecutors are usually less lenient with the alleged offender because that person has a prior history. If you have been arrested for your second DWI, you may want to obtain a seasoned DUI lawyer. An attorney could stand by your side and advocate on your behalf throughout the legal process.
Penalties For Second Offense DWI Charges
In Texas, all penalties are defined by statute. A second DWI is going to result in more severe penalties than a first DWI charge. A second DWI is a Class A misdemeanor, which has a range of punishment of up to a year in jail and up to a $4,000 fine. An individual convicted with a second DWI will also have their driver’s license suspended.
Does the Amount of Time Between DWIs Matter?
The time between DWI arrests does matter, especially when it comes to penalties. If a person got arrested 10 years ago before a DWI and then got another DWI, then the enhancement penalties are not going to as severe as if there was a few years difference between the DWIs. Penalties are going to be even more if the defendant gets their another DWI while their first DWI case is pending.
When someone is facing second offense DWI charges in Denton, they are not going to be offered a pretrial diversion. If an individual gets their second DWI, they are usually given a straight probation, otherwise known as spurs. Straight probation is when the individual goes to jail on the weekends and also does mandatory community service.
Building a Defense for Second Offense DUI Charges
An attorney is going to build a defense for a second offense DWI as they would for a first one. They are going to look at all the factors in the case and investigate exactly what happened. There is no formula when building a defense for DWIs because each case is so different from another.
The lawyer will look at anything from the defendant’s blood, the person’s breath test at the stop, the field sobriety tests, and any witness reports. If a person gets convicted of a second offense DWI, then the person’s next DWI is going to be a felony. The second offense is a crucial period in which the defendant needs to make sure they get it resolved beneficially. This way, if for some reason, the person does get arrested again, it is not going to be a felony. This is why obtaining an experienced lawyer is so important for the defendant.
DWI Charge Impact on Driver’s License
If an individual is arrested for a second offense DWI, the person’s driver’s license could be suspended anywhere from one to two years. If the person’s previous DWI was more than 10 years before, then it is treated like a first DWI in that sense. When a person is convicted of second offense DWI charges in Denton, their license can be suspended for a longer period of time than when they received their first DWI conviction. Many times, the person’s second offense is called a hard suspension, which means the individual is not going to be able to get an occupational license no matter what, for a certain period of time.
If someone is acquitted of a second DWI, then they will get their license back after their lawyer send the Department of Public Safety that the person has been found not guilty. The driver’s license suspension will then be removed from the person’s record.