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Second DWI in Texas

The criminal offense of driving while intoxicated (DWI) is covered under Section 49.04 of the Texas Penal Code. Like other states, in Texas the penalties for DWI-related crimes increase with each subsequent offense.

Section 49.04(a) reads, “A person commits an offense if the person is intoxicated while driving a motor vehicle in a public place.” And, to be “intoxicated” is to not have your normal physical or mental faculties due to the introduction of alcohol, drugs, or a controlled substance. Intoxicated also means to have a blood alcohol concentration (BAC) of 0.08 percent or above.

A first DWIoffense without any “aggravating circumstances,” such as having a child in the vehicle or causing serious bodily injury or death is a Class B misdemeanor, punishable by up to a $2,000 fine, up to 180 days in jail, up to a one-year driver license suspension, and an annual fee of $1,000 or $2,000 for three years to keep one’s driver license.

Second DWI Offenses in Texas

As we mentioned earlier, the penalties for each DWI get worse. That said, the penalties for a second DWI offense in Texas are as follows:

  • A fine not to exceed $10,000
  • Up to one year in jail
  • Up to two-year driver license suspension
  • Annual fee up to $2,000 for three years to keep driver license

Can I Get Diversion for DWI?

The penalties and consequences for DWI are serious. A DWI conviction typically leads to fines, skyrocketing insurance premiums, jail time, and the stigma of a criminal conviction, which can affect employment, housing, professional licenses, and higher education for years to come.

Related: 4 DWI Laws People Don’t Know About

Due to these consequences, people often ask, can someone facing DWI charges be eligible for diversion? Unfortunately, DWI cases are not eligible for diversion in Collin County. Even if it’s for DWI of drugs or a first DWI, it is still a disqualifying offense.

Facing second or subsequent DWI charges? If so, contact The Zendeh Del Law Firm, PLLC to explore your defense possibilities. Let us help protect your freedom and your future!

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