DWI Second Offense

How much time can I get for a second DWI?

A DWI second offense is a Class “A” Misdemeanor which is punishable by not less than 30 days and up to one year in the County Jail and/or up to $4,000 in fines, or probation for as long as two years and which would also include mandatory jail time and driver’s license suspension for as long as two years.

Is there a time limit on prior DWI convictions?

There is no limit on how long ago your prior DWI conviction occurred, the state of Texas can use any prior DWI conviction to enhance your current charge of Driving While Intoxicated 2nd Offense.

Texas Penal Code Section 49.09. ENHANCED OFFENSES AND PENALTIES. (a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated.


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