While all DWI cases are serious in Odessa, judges and prosecutors are especially strict to repeat offenders. If you were arrested for driving while intoxicated and you have prior convictions, you could benefit from the services of an Odessa second-offense DWI lawyer. With help from an attorney, you may be able to raise a strong defense and protect your freedom.
How do Odessa Authorities Treat DWI Seconds?
Second-offense DWI cases are different for several reasons. First, before any type of conviction or disposition in the case, the individual is required to report to pretrial services at least once per month. This is similar to being on probation. While on pretrial services, the individual is required to pay a fee, give random urinalysis, and cannot consume any type of alcohol.
In addition, the individual is required have a deep lung device, also known as an ignition interlock (IID), placed in their vehicle. An IID prevents the vehicle from starting until an individual provides a breath sample free from alcohol. These devices also require the driver to give random samples while driving. That interlock must be in place during the conditions of bond.
If the individual violates any of these terms, the pretrial service officer can issue a show-cause notice. The accused will need to appear in front of a judge, who may consider modifying those terms or forfeiting the bond. This can also impact an individual’s DWI trial, as judges may be less lenient on individuals who violated their bond conditions.
Building a DWI Second Defense
In many ways, building a defense to second-time DWI charges is similar to other cases. It is important for attorneys to fully examine the facts of the case. Skilled defense lawyers may ask questions such as:
- Did the police have a valid justification for stopping the person?
- How did the defendant look, walk, talk, and act?
- Was there probable cause to arrest the individual for driving while intoxicated?
- Did the police officer conduct the stop and perform testing in accordance with their training and the statute?
- Did police read the defendant their statutory warning word for word?
- Did police give the individual any extra admonishments or advice?
- Did police provide the defendant with a written copy of the statutory warning?
- Are there issues with the person’s breath or blood test?
These questions provide Odessa second-offense DWI attorneys with a starting point for analyzing the circumstances of the arrest and creating a defense. Additionally, a lawyer could make sure that the first DWI conviction was actually valid. In some cases, prosecutors may charge an individual with a DWI second even though they were never convicted of a first DWI. For example, they may have been arrested for a DWI but pled down to a lesser charge.
Contact an Odessa Second-Offense DWI Attorney
The consequences can be harsh for those convicted of a second DWI. Defendants may face jail time, steep fines, and a permanent criminal record that could damage their reputation for years to come. While the prospect of appearing in court can be frightening, having a skilled Odessa second-offense DWI lawyer by your side can help. Call now to discuss your case.