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.