Texas courts do not show any mercy when it comes to enforcing penalties for first-offense DWIs. So, you can imagine that the charges for second offenders are even more severe. If you find yourself in this situation, read on to learn the potential consequences you may face for a second-offense DWI and how a seasoned McAllen, Texas DWI lawyer at the Law Office of Angel Davila can help you explore possible defenses to your charges.
What are the consequences of a second-offense DWI charge?
A second-offense DWI is considered a Class A misdemeanor. Anyone charged with a second DWI will be seen as a repeat offender, and will most likely entail even harsher penalties than a first DWI. For instance, a first-offense DWI can lead to anywhere between three days to six months of jail time, while a second-offense DWI calls for anywhere between one month to one year of jail time. The following are other comparisons of potential penalties you may face:
- First offense: up to $2,000.
- Second offense: up to $4,000.
- Driver’s license suspension.
- First offense: up to one year.
- Second offense: anywhere between one to two years.
- First offense: a maximum of $2,000 each year for three years to retain your driver’s license.
- Second offense: a maximum of $2,000 each year for three years to retain your driver’s license.
- Community service and DWI education and treatment programs.
- First offense: certain requirements must be met.
- Second offense: certain requirements must be met.
- Ignition interlock device installation.
- First offense: possibility.
- Second offense: possibility.
How can I defend my second-offense DWI charge?
There are several circumstances that can support your defense. The following are the most common examples:
- The traffic stop was unlawful: the law enforcement officer did not have probable cause or did not follow proper procedures after pulling you over.
- The breath tests were taken inaccurately: the law enforcement officer did not calibrate the breathalyzer properly, which may have resulted in an inaccurate reading.
- The field sobriety tests were taken improperly: or, the law enforcement officer wrongly determined that you failed.
- The law enforcement officer was acting out of conduct: they did not read you the Miranda Warning when arresting you, or otherwise mishandled all police reports and evidence.
- You were involuntarily intoxicated: meaning, you unknowingly ingested some intoxicating liquor, drug, or other substance, caused by force or fraud.
If any of the above situations happened to you, do not hesitate in reaching out to a knowledgeable criminal defense lawyer in Hidalgo County, Texas today who will help you reduce or eliminate your DWI charge altogether.
Contact Our Hidalgo County, Texas Firm
For quality legal defense for criminal convictions, family law matters, and estate planning matters, contact the Law Office of Angel Davila today.