|
|
Last Modified on Jan 05, 2026
A second DWI often carries more severe fines, prison terms, and restrictions on driving ability. After an arrest, many wonder what to do after a second DWI in Texas. The team at Segura & Kiatta, LLP, can explain the actions you should take in the aftermath of a second DWI.
About Us
Our team at Segura & Kiatta, LLP, has decades of combined experience, representing thousands of clients in Rosenberg, Houston, Fort Bend, and communities throughout Southeast Texas. Anthony R. Segura has dedicated his legal practice to helping Texans with their DWIs, ranging from first-time offenses to intoxicated manslaughter charges. He is an active member of the Texas DWI Defense Lawyers Association.
Overview of DWI Laws in Texas
Drunk driving is one of the most common misdemeanor and felony cases processed in Texas. In 2024, there were 85,858 DWI charges statewide. Of these cases:
- 1,990 resulted in a release with no charge.
- 10,388 were convicted of the original offense.
- 4,279 saw convictions for other offenses.
- 2,555 had their cases dismissed.
You don’t have to be driving on I-69, I-10, or another busy route to be affected. It is vital to understand the definition of intoxication throughout Texas to see how the state may evaluate your specific case.
The state’s multiple DWI laws define driving while intoxicated (DWI) as operating a motor vehicle while intoxicated, either by a controlled substance or with a blood alcohol level (BAC) of 0.08. You may have a lower BAC, but you could still be arrested if a law enforcement officer believes that you are impaired.
What You Should Do After a Second DWI in Texas
A second DWI charge and arrest can be more nerve-wracking than a first offense. With the potential to lose your license and spend years in prison, it’s crucial to know what actions to take to help your multiple DWI case. The following are a few steps you should take when charged with a second DWI in Texas:
Cooperate With Law Enforcement
The first thing you should do in a second DWI case is comply with law enforcement during the traffic stop, arrest, and booking processes. Aggressive behavior or running can not only harm your DWI case, but it could also result in additional criminal resisting arrest charges. Complete all tests administered, and cooperate with the officer’s orders.
Do Not Speak to Officers Without an Attorney
While it is important to cooperate with the police during the arrest and booking proceedings, you should remain silent throughout the process. You should know your rights when pulled over for a suspected DWI, including your right to remain silent. Anything you say, even simple or innocent comments, can be twisted and used against you later by the prosecution. Utilizing your Fifth Amendment rights is important to build a strong foundation for your defense.
Document Everything
Another key act for your defense is documenting everything you can about your case while it is fresh in your mind. This includes:
- The date and time of the incident
- Your account of how law enforcement treated you
- Witnesses who may corroborate procedural errors
- Medical records that could explain your driving behavior
Refrain From Public Comment
Some may have the urge to post on social media or explain an arrest to friends and family. You must refrain from making any public or private comments about the case. As with police interviews, public statements can harm your case and be used by the prosecution to demonstrate guilt.
Request a License Suspension Hearing
Upon a failure of a blood or breath chemical test, you may have your license automatically suspended by the arresting law enforcement officer. From this moment, you have 15 days to request a hearing to contest the case. You should file this petition as soon as possible to increase your chance of retaining your license. An experienced Rosenberg TX DWI lawyer can help you navigate this hearing to protect your driving privileges.
Hire a Multiple DWI Lawyer
One of the most important actions you can take after a second DWI charge is to hire a multiple DWI lawyer to handle your defense. Your Texas multiple DWI attorney can represent you in each stage of your case, from the initial arrest to the final verdict and appeals process. They can speak on your behalf during meetings with law enforcement, gather supporting evidence, and represent you in all court hearings.
FAQs
What Is the Penalty for a Second DWI in Texas?
The penalty for a second DWI in Texas is typically harsher when compared to a first-time offense. The charge is escalated to a Class A misdemeanor and carries the potential for:
- Up to $4,000 in fines
- One month to a year in jail
- Installation of an Interlock Ignition Device (IID)
- Driver’s license revocation for two years
Do You Require a Lawyer for a Second DWI Charge in Texas?
Texas state law does not legally require you to have legal counsel when facing a second DWI charge. However, investing in a skilled attorney can be worthwhile, as second or subsequent DWI cases can be especially difficult to defend on your own. Your experienced DWI lawyer can build your defense, prevent easy mistakes, examine the prosecution’s case, and represent you in all court appearances.
How Much Does a DWI Lawyer Cost in Texas?
How much your Texas DWI lawyer costs depends on the complexity of your case, any aggravating factors involved, and the workload it requires. A second-time offense with weak evidence typically costs less than representation for a case involving multiple parties with serious bodily injuries and a full trial. In your initial consultation, your DWI attorney can provide an estimate for your final legal expenses.
What Is the Lookback Period for DWIs in Texas?
The lookback period for DWIs in Texas is essential for accused drivers to understand when approaching their own charges. Unlike other states, Texas does not have a statute of limitations when considering second or subsequent DWIs. This means that years or decades could have passed since a first-time DWI conviction, and that could still be used as grounds for a second DWI.
Speak With a Texas Multiple DWI Attorney Today
Segura & Kiatta, LLP, can help you with this stressful charge. Our team has decades of experience, knowledge, and skills in handling DWI cases, which we can use to mitigate this event’s impact on your life.
Contact us today to schedule your initial consultation. During this meeting, we can learn your story, explain the potential penalties you may face, and provide potential legal strategies for your defense. You may also visit our Sugar Land office, located on Commerce Green Boulevard, west of the Sugar Lakes, south of Highway 90 Alt, and northwest of I-69.
