What Happens If You Are Charged With a Second DWI in Texas?

A second DWI charge can carry more serious consequences than a first offense. Prosecutors may seek enhanced punishment based on a qualifying prior conviction, and the case can create additional concerns about jail, driving privileges, and employment. At The Law Office of Alex Tyra, P.C., we help drivers throughout Longview and East Texas evaluate the evidence supporting both the new charge and any alleged prior conviction.

Enhanced Penalties for Repeat DWI

Texas Penal Code § 49.09(a) generally makes a qualifying second DWI a Class A misdemeanor with a statutory minimum confinement term of 30 days.

A Class A misdemeanor can carry up to one year in jail and a fine of up to $4,000 under Texas Penal Code § 12.21.

The actual sentence depends on the applicable law, the defendant’s circumstances, and the outcome of the case. Probation eligibility and conditions require separate consideration.

Proving the Prior Conviction

The prosecution must establish that the defendant has a qualifying prior conviction for enhancement purposes.

We review the records used to identify the defendant and establish the earlier offense. Errors involving identity, records, or the legal qualifications of a prior conviction may require investigation.

Defending the New Allegation

A prior conviction does not establish guilt in a new DWI case.

We independently examine the traffic stop, arrest, field sobriety testing, chemical evidence, and available recordings. The prosecution must prove the new offense beyond a reasonable doubt.

Call The Law Office of Alex Tyra, P.C. for Your Free Consultation

If you face a second DWI charge in Longview or East Texas, call (903) 753-7499 to schedule your free consultation with The Law Office of Alex Tyra, P.C.