Second or Third DWI
Houston Second or Third DWI Lawyer – Brett A. Podolsky
A second or third driving while intoxicated conviction in the state of Texas can mean serious consequences. Being found guilty of yet another DWI could result in a lengthy driver’s license suspension, a mandatory stint behind bars or financial penalties of up to $10,000. When a driver’s freedom and mobility are on the line, it’s time to retain a skilled Houston DWI attorney.
When Can the Police Make an Arrest?
If a police officer has probable cause to believe that a driver is driving while under the influence of drugs or alcohol, a traffic stop is likely to ensue. When an officer notices a vehicle swerving from lane to lane or rolling through a stop sign, there’s a good chance that a police cruiser will soon appear in that driver’s rear-view mirror. If the driver has red eyes, slurred speech and fails a field sobriety test, the officer has cause to make a DWI arrest. According to the Texas Penal Code, the allowable blood alcohol level must not reach or exceed 0.08 percent.
Penalties for a Second or Third DWI
- Second DWI conviction: The Texas Penal Code categorizes a second DWI conviction as a Class A misdemeanor. If convicted, a defendant can be sent to county jail for 30 days to one year and be fined as much as $4,000.
- Third DWI conviction: A third DWI conviction is classified as a third-degree felony. A defendant can be sent to a Texas state prison for two to 10 years and be fined up to $10,000.
Though a judge or jury can sentence a defendant to probation in a second or third DWI case, Texas law mandates some time in jail or prison. The minimum sentence is five days for a second DWI conviction and 10 days for a third DWI offense. Some of the other possible conditions associated with supervised community service and probation include the following:
- Installation of an ignition interlock device
- Completion of a program for repeat DWI offenders
- Rehabilitation evaluation by a state-approved drug and alcohol counselor
Talk to a Houston DWI Attorney
The possible penalties for a second or third DWI conviction are severe. Even being arrested within 10 years of a previous DWI arrest will trigger an automatic driver’s license revocation. An experienced Houston-area DWI lawyer specializes in representing offenders in court and during administrative license revocation (ALR) hearings. Brett A. Podolsky knows how to challenge the vital elements of the prosecution’s case, including probable cause, field sobriety tests and officer training.
Call board certified defense lawyer Brett A. Podolsky at 713-227-0087 to schedule a free initial consultation.