Houston Second DWI Defense Attorneys

What is the consequence of getting a second DWI?

If this is the second DWI in the state of Texas, the courts will now treat the person as a repeat offender.

What can be the penalty for a second DWI?

Under Section 49.09 of the Texas Penal Code, the second DWI offense is a Class A misdemeanor and requires the court to impose mandatory penalties that may include the following:

  • Up to two years of probation or community supervision and a fine not to exceed $4,000;
  • At least 80 hours of community service but no more than 200;
  • Not less than 6 months and up to two years of driver’s license suspension;
  • At least 72 hours but no more than 12 months in the county jail; and/or
  • The installation of a locking device that requires a breathalyzer test before the car is started.

Aggravating factors that could cause the court to impose harsher penalties during sentencing?

  • A driving record with numerous speeding tickets for driving more than 25 miles over the speed limit;
  • Possession of a controlled substance or an open container in the vehicle;
  • Previous tickets for aggressive or reckless driving;
  • An accident involving a vehicle or causing minor property damage;
  • Have a minor in the vehicle at the time of the DWI; and/or
  • Allegations of abusive language use against the arresting officer.

Conditions that Texas courts may impose for community supervision or probation for most people who are convicted of a second DWI?

  • Complete an approved DWI education class within the first six months of the date of conviction;
  • Complete the DWI Victim Impact Panel;
  • Not commit any other crime while on community supervision or probation;
  • Obtain an evaluation to determine if an alcohol or substance abuse treatment program is necessary;
  • Maintain employment;
  • Obtain permission from a probation officer before moving or obtaining a new job;
  • Report monthly to a parole officer;
  • Complete all imposed community service hours; and/or
  • Pay all court costs, fines, and supervision fees.

Octavio Rivera Bujosa

The lawyer Octavio M. Rivera Bujosa is the first to point out that the keys to his professional success stem from his origins and the extraordinary litigating attorneys that life has given him the opportunity to meet and learn from. Octavio was born in Zaragoza, Spain, and hails from the mountains of Utuado, Puerto Rico, where he grew up listening to anecdotes about the great criminal lawyer of that time: Don Tomás Torres Cortés. Octavio is an American, Spanish, and Puerto Rican citizen at heart. [Read More]
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