Law Offices Of Richard C. McConathy

Second DWI

Weatherford Second DWI Attorney

Anybody who has been arrested once for driving while intoxicated (DWI) in Texas already knows all of the headaches a person has to deal with in court to deal with the first case. A second arrest comes with immediate concerns because most people are aware that penalties are usually increased for subsequent arrests.

 

The truth is that many people charged with second DWI offenses are still able to negotiate plea agreements that still allow for them to retain much of their freedom. Aggravating factors in some cases can lead to more aggressive prosecution, but most prosecutors are willing to work with people who have shown some remorse and willingness to change.

Were you arrested for a second DWI offense in Parker County? It will be critical for you to find a skilled criminal defense lawyer as soon as you can to give yourself the best possible chance in court.

 

The Law Offices of Richard C. McConathy regularly handles DWI cases all over North Texas and we can work tirelessly to make sure that you have the best possible chance of the most favorable resolution to your case. Let us see what we can do for you by calling (817) 458-3226 or contacting our firm online to schedule a free consultation.

Second DWI Charges in Parker County

Texas Penal Code § 49.04 states that a person commits a DWI offense if the person is intoxicated while operating a motor vehicle in a public place. Texas Penal Code § 49.01(2) defines intoxicated as meaning not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.

When a person is arrested for the second time, all other DWI arrests are fair game for prosecutors. In Texas, this can mean DWI arrests that are several years old or even drunk driving convictions in other states.

 

Texas House Bill 3582, passed in 2019, made some drastic changes to second DWI charges. Section one of the bill amended Texas Code of Criminal Procedure § 17.441(a) such that a judge must require on release that a defendant charged with a subsequent DWI offense have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and not operate any motor vehicle unless the vehicle is equipped with that device.

 

Section two of the bill amended Texas Code of Criminal Procedure § 42A.102(b) so that judge can grant deferred adjudication community supervision unless:

 

An alleged offender is charged with an offense:

 

under Texas Penal Code § 49.045, Texas Penal Code § 49.05, Texas Penal Code § 49.065, Texas Penal Code § 49.07, or Texas Penal Code § 49.08
under Texas Penal Code § 49.04 or Texas Penal Code § 49.06, and, at the time of the offense:
the defendant held a commercial driver’s license or a commercial learner’s permit; or
the defendant’s alcohol concentration, as defined by Texas Penal Code § 49.01, was 0.15 or more;
for which punishment may be increased under Texas Penal Code § 49.09, Penal Code; or
for which punishment may be increased under Texas Health and Safety Code § 481.134(c), (d), (e), or (f), if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any one of those subsections;

 

Or an alleged offender:

 

is charged with an offense under Texas Penal Code § 21.11, 22.011, or 22.021, regardless of the age of the victim, or a felony described by Article 42A.453(b); and
has previously been placed on community supervision for an offense under Paragraph (A);

 

Or the alleged offender is charged with an offense under:

 

Texas Penal Code § 21.02; or
Texas Penal Code § 22.021, that is punishable under Subsection (f) of that section or under Texas Penal Code § 12.42(c)(3) or (4)

 

Or the alleged offender is charged with an offense under Texas Penal Code § 19.02, except that the judge may grant deferred adjudication community supervision on determining that the defendant did not cause the death of the deceased, did not intend to kill the deceased or another, and did not anticipate that a human life would be taken.

Second DWI


 

The new law in effect says that deferred adjudication in a first DWI case can still be treated as a conviction for the purposes of a second DWI case. Deferred adjudication is further addressed in section three of the bill, which states Texas Code of Criminal Procedure § 42A.408 is amended to read as follows:

 

Except as provided by Subsection (e-2), a judge granting deferred adjudication community supervision to a defendant for an offense under Section 49.04 or 49.06, Penal Code, shall require that the defendant as a condition of community supervision have an ignition interlock device installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant and that the defendant not operate any motor vehicle that is not equipped with that device. If the judge determines that the defendant is unable to pay for the ignition interlock device, the judge may impose a reasonable payment schedule, as provided by Subsection (f). If the defendant provides the court evidence under Section 708.158, Transportation Code, sufficient to establish that the defendant is indigent for purposes of that section, the judge may enter in the record a finding that the defendant is indigent and reduce the costs to the defendant by ordering a waiver of the installation charge for the ignition interlock device and a 50 percent reduction of the monthly device monitoring fee. A reduction in costs ordered under this subsection does not apply to any fees that may be assessed against the defendant if the ignition interlock device detects ethyl alcohol on the breath of the person attempting to operate the motor vehicle.

 

Section (e-2) notes that a judge may waive the ignition interlock requirement for a defendant if, based on a controlled substance and alcohol evaluation of the defendant, the judge determines and enters in the record that restricting the defendant to the use of an ignition interlock is not necessary for the safety of the community.

Second DWI Penalties

The penalties for a second DWI in Texas are certainly more harsh than what is levied for first offenses. A second DWI becomes a Class A misdemeanor instead of Class B and it requires the court to impose mandatory punishments that can 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
No less than 6 months up to two years of a driver’s license suspension
At least 72 hours but no more than 12 months in county jail
The installation of an interlock device that requires a breathalyzer test before the car starts

 

Depending on the facts of your case, the court may impose additional conditions for a second DWI conviction. Aggravating factors that could cause the court to impose harsher penalties during sentencing can include the following:

 

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
Prior aggressive or careless tickets
An accident that involves one vehicle or that causes minor property damage
Having a minor child in the vehicle at the time of the DWI
Allegations of using abusive language against the arresting officer

Texas courts will likely impose the following conditions for community supervision or probation for the majority of the people who are convicted of a second DWI:

 

Complete an approved DWI education class within the first six months following the date of the conviction
Complete at least on DWI Victim Impact Panel
Commit no other crimes for the duration of community supervision or probation
Obtain an evaluation to determine if an alcohol or substance abuse treatment program is necessary
Maintain employment
Get permission from a probation officer before moving or obtaining new employment
Report monthly to a probation officer
Complete all imposed community service hours
Pay all court cost, fines and supervision fees

 

After an arrest for a second DWI, it’s critical to immediately request an administrative hearing to avoid a driver’s license suspension. You only have 15 days.

Weatherford Second DWI Resources

Texas Penal Code | Chapter 49 | Intoxication and Alcoholic Beverage Offenses — View the entire chapter of alcoholic beverage offenses, many of which are mentioned in the House bill discussed above. Learn more about public intoxication, intoxication assault, and intoxication manslaughter. There is also information about enhanced offenses and penalties.

 

Repeat DWI Offenders in the United States — This is a 1995 study from the National Highway Traffic Safety Administration (NHTSA). It found that about a third of all drivers arrested for DWI are repeat offenders, and 1 out of 8 intoxicated drivers in fatal crashes have had a prior DWI conviction within the past three years. One study in California showed that for every driver convicted of DUI in 1980, a full 44 percent were convicted again of DUI within 10 years.

Contact a Second DWI Lawyer in Parker County Today

If you were arrested for a second DWI in the Weatherford area, you cannot afford to wait to get yourself legal representation. You are going to want to make sure you have an advocate for your rights on your side.

 

The Law Offices of Richard C. McConathy understands the tremendous stress that can come with a second DWI arrest and we will work with you to help you manage all of the challenges you are facing. We will be able to get started helping you as soon as you call (817) 458-3226 or contact us online to set up a free consultation.

Practice Area

DWI Defense

BWI Defense

First DWI

Flying While Intoxicated

Second DWI

Third or Subsequent DWI

Felony DWI

DWI with BAC over 0.15

Controlled Substances and DWI

Open Container

Intoxication Assault

Intoxication Manslaughter

DWI Test Refusal and Implied Consent

License Suspension Hearings

DWI with Child Passenger

DWI Expunction

Contesting Blood Alcohol Tests

Ignition Interlock Device

DWI with Property Damage

Underage DWI

Commercial DWI

SR-22 / DWI Insurance

Theft Crimes

Enhanced Offenses

Criminal Defense

Case Results

DISMISSED
DWI Blood Test Case + Prescription Meds
(Cr200606211)
 
DISMISSED
DWI Breath Test Case, Result Of .224
(Mb0453171)
 
DISMISSED
DWI Breath Test Refusal
(005-84171-05, Ccl6)
 
DISMISSED
DWI, Open Container
(Mb0534487)
 
DISMISSED
2nd DWI, Breath Test Refusal
(Mb-0262214-G Ccc6)
Parker Criminal Lawyer Richard & Brian

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