What You Need to Know About a Second DWI in Texas

The first thing you need to know about a second DWI in Texas is that it carries significantly harsher consequences than a first offense, and the stakes go far beyond just fines and court dates. You're facing mandatory jail time, extended license suspension, and a criminal record that can affect your employment, housing, and financial stability for years to come. Not to mention that the collateral damage of repeat DWI convictions often extends far into the future and into every corner of your life. 

If you've been arrested for a second DWI in Texas, the decisions you make in the following days and weeks can dramatically impact the outcome of your case. Working with an experienced second DWI attorney who is familiar with your local court system and can help you make the right decisions is essential — and can often be the difference between a dismissal and a conviction.

Your future is on the line; call Turnbull Legal Group today at (832) 314-3232 or schedule a consultation online to fight for it. 

What happens when you get two DWIs in Texas?

When you're arrested for a second DWI in Texas, the legal system treats your case much more seriously than a first offense. Texas prosecutors view repeat DWI offenders as a greater public safety risk, which means they're far less likely to offer favorable plea deals or reduced charges. Under Texas DWI laws, second offense DWIs also have enhanced penalties, some of which begin immediately. Here's what happens when you're arrested for a second DWI:

Immediate legal consequences:

• Enhanced charges: Your case is automatically charged as a Class A misdemeanor with stricter penalties than a first offense.
• Arrest and booking: You'll be taken into custody, fingerprinted, photographed, and held until bail is set.
• Higher bail amounts: Judges usually set higher bail for second DWI offenses due to the perceived flight risk and pattern of behavior.
• Prosecution's aggressive stance: Prosecutors are less willing to negotiate favorable plea deals for repeat offenders.

Administrative consequences:

• Automatic license suspension: The Texas Department of Public Safety initiates a license revocation process separate from your criminal case.
• 15-day deadline: You have only 15 days from the notice of your suspension, which is usually given on the day of your arrest, to request an ALR hearing to challenge the suspension.
• Extended suspension period: If you miss the deadline or lose the ALR hearing, your license can be suspended for up to two years.
• No temporary permit: Unlike a first offense, obtaining a temporary driving permit becomes more difficult.

These consequences are in play before you’ve even entered a plea. If you’re convicted, the consequences extend far beyond the courtroom. A second DWI conviction creates a ripple effect that touches every aspect of your life, from your ability to drive to work to your professional reputation and family relationships.

What to do after being arrested for DWI

The hours and days immediately following a DWI arrest are essential to building a strong defense. The actions you take right now can significantly impact your case outcome, and failing to act quickly can limit your options. Here's what you need to do after being arrested for a second DWI:

1. Document everything. Save any evidence, witness contact information, and your memory of the stop itself. The more information your attorney has, the better. 
2. Request your ALR hearing. You only have 15 days to request this hearing, an essential opportunity for your attorney to see the case against you early.
3. Contact a skilled DWI attorney. The sooner an attorney gets involved in your case, the better. There are early deadlines to meet, and the state is already building their case against you — don’t give them a head start. 
4. Protect yourself from self-incrimination. Stop talking about your case, avoid social media, and avoid further interaction with the police or prosecutors. Your attorney is the only person you should be discussing your case with. 

Taking these steps immediately after your arrest gives you the best possible chance of building a strong defense. Every day you wait reduces your options and makes it harder for your attorney to protect your rights and your future, so don’t wait long to contact an experienced second DWI lawyer in Texas.

Is a second DWI a felony in Texas?

Without aggravating factors, a second DWI in Texas is generally charged as a Class A misdemeanor, not a felony. But if aggravating circumstances are present, it can elevate your second DWI to felony status — and the difference between misdemeanor and felony charges dramatically affects the penalties you’ll face.

The most common things that turn your second DWI into a felony DWI include:

Is jail time mandatory for a second DWI in Texas?

Yes, if you’re convicted for a second DWI in Texas, jail time is mandatory. Unlike a first DWI offense, where jail time may be avoided through probation, Texas law requires a minimum jail sentence for anyone convicted of a second DWI. The mandatory minimum is three days in county jail, but judges can impose sentences up to one year in jail for a Class A misdemeanor DWI.

The mandatory minimum jail sentence can’t be probated or suspended. Even if you receive deferred adjudication or community supervision, you must serve at least three days in jail as a condition of your sentence. While an experienced defense attorney may be able to negotiate for the minimum sentence or structure your jail time in a way that minimizes disruptions, the best thing you can do is fight for a dismissal to avoid jail entirely. 

What is the penalty for a second DWI in Texas?

The penalties for a second DWI in Texas are a lot harsher than those for a first offense. There’s a lot at stake when you’re facing DWI charges in the Lone Star State, whether they be misdemeanors or felonies.

General sentencing guidelines for DWI are as follows:

In addition to these, you may also be facing license suspension, annual DPS surcharges, probation, ignition interlock devices, community service hours, and mandatory DWI education classes. Some secondary penalties that can be particularly damaging include:

• Your auto insurance rates will increase dramatically, often doubling or tripling your premiums. Some insurance companies may refuse to cover you at all, forcing you to obtain high-risk SR-22 insurance that costs significantly more than standard coverage.
• If you hold a commercial driver's license, nursing license, teaching certificate, or other professional credential, a second DWI can result in license suspension or revocation. 
• Some professions require disclosure of criminal convictions, and a second DWI may disqualify you from certain job opportunities.
• Many employers conduct background checks, and a second DWI conviction signals a pattern of behavior that raises concerns about reliability and judgment.

You’re also always at risk of being fired from your current job for a DWI, especially if you end up having to serve time. If you’ve been charged with a DWI there’s still time to fight against conviction, and it’s almost always worth doing so, because the penalties are far-reaching and too numerous to count.

How to get a second DWI charge reduced in Texas

Reducing a second DWI charge in Texas often requires identifying weaknesses in the prosecution's case and leveraging your attorney's knowledge of how local courts, judges, and prosecutors operate.

Working with an attorney who knows your local court system — whether they be a Bryan DWI lawyer, Conroe DWI lawyer, or DWI attorney in Houston — can give your case a serious advantage. Local attorneys understand local courtroom culture and have spent time establishing good faith in the courts through which your case is traveling, and this kind of knowledge can mean the difference between a conviction and a reduced charge.

What is the second chance law in Texas for DWI?

The "second chance law" in Texas refers to House Bill 3016, which took effect in September 2017 and allows certain first-time DWI offenders to petition for an order of non-disclosure. This law doesn't erase your conviction, but it seals your criminal record from public view, making it inaccessible to most employers, landlords, and private entities conducting background checks.

Unfortunately, non-disclosure under the “second chance law” is only available for first-time DWI offenses — if you're facing a second DWI charge, you do not qualify.

How much does a second DWI cost in Texas?

The financial impact of a second DWI conviction in Texas goes far beyond court fines and attorney fees. When you calculate the total cost, second DWIs can easily cost tens of thousands of dollars when you account for all direct and indirect expenses.

Here’s a rough breakdown of what you’ll be paying for:

• Court fines
• Administrative costs and fees
• Bail bonds
• License suspension and reinstatement fees
• Annual surcharges
• Ignition interlock devices
• Increased auto insurance costs
• DWI education and alcohol treatment programs
• Lost wages during incarceration
• Lost income from job loss or suspension

You can see how investing in a quality second DWI lawyer can save you a lot of money in the long run. The total financial impact of a conviction for a second DWI can be incalculable, while fees for the attorney fighting to protect your future are finite.