A second DWI conviction in Texas carries significantly harsher penalties. Learn what you're facing and how an experienced defense attorney can help.
You've been arrested for DWI again. The uncertainty and fear are understandable—feelings of regret and worry about your future are common. Take a deep breath. Beating yourself up won't help. What matters now is understanding what you're facing and making informed decisions to protect yourself.
Time is critical. You have only 15 days from your arrest to request an ALR hearing to fight your driver's license suspension. The clock is already ticking.
Under Texas Penal Code Section 49.09, a DWI arrest following a prior conviction is classified as a second offense. Texas uses prior convictions to "enhance" new charges—each subsequent DWI becomes more serious. A third DWI is automatically a felony, which makes the outcome of your current case crucial.
This is no time to simply accept a conviction. The consequences of a DWI 2nd extend far beyond the courtroom.
A second DWI is a Class A misdemeanor in Texas, carrying significantly harsher penalties than a first offense:
Even if you receive probation, you'll still face mandatory jail time—at least 3 days as a condition of probation. Additional requirements typically include:
Judges have little tolerance for probation violations in DWI 2nd cases. A single violation can result in immediate incarceration.
Make no mistake: prosecutors aggressively pursue convictions for repeat DWI offenders. The prosecutor views a second arrest as evidence of a pattern—and they'll push for maximum penalties.
Judges share this perspective. A first-time offender may receive some leniency; a repeat offender rarely does. Without an experienced DWI defense attorney fighting for you, the system is stacked against you.
The attorney you choose may be the most important decision you make right now. Defending a DWI 2nd charge requires specialized knowledge that goes far beyond general criminal law.
Ask yourself these questions when evaluating attorneys:
Many attorneys take DWI cases without the expertise to properly defend them. You deserve someone who understands the science, knows the procedural requirements, and has the courtroom experience to challenge the prosecution's evidence.
With more than 30 years dedicated to DWI defense in South Texas, Phillip W. Goff brings credentials few attorneys can match:
Few DWI defense attorneys nationwide have achieved even one of these accomplishments. Mr. Goff has earned them all—and continues actively pursuing the most current training and research in the field.
Attorney Goff regularly handles DWI 2nd cases throughout the region, including:
Some jail time is mandatory for a DWI 2nd conviction in Texas—even with probation, you must serve at least 3 days. However, an experienced attorney may be able to negotiate alternatives like weekend jail or work release, or potentially get charges reduced or dismissed entirely.
A DWI conviction in Texas is permanent and cannot be expunged. It will remain on your criminal record forever and will enhance any future DWI arrests to felony status.
Your license faces suspension from two sources: the criminal court (upon conviction) and the administrative ALR process (triggered by your arrest). You have only 15 days to request an ALR hearing. An attorney can help you fight both suspensions.
Refusing a test after a prior DWI conviction may result in a 2-year license suspension through the ALR process—but this depends on whether the prior alcohol-related contact occurred within 10 years of the current arrest. The suspension is not automatic and can be contested at an ALR hearing. This decision has significant implications—discuss your specific situation with an attorney immediately.
In Texas, there is no "lookback" period for DWI enhancements. A prior conviction from 20 or 30 years ago still counts as a prior offense for enhancement purposes.
A DWI 2nd charge is serious, but it's not hopeless. The right defense strategy can make the difference between a conviction that follows you forever and a better outcome.
Do your research. Compare attorneys who practice where you were arrested. Look at their credentials, their experience, and what their clients say about them.
When you're ready to discuss your case, contact Attorney Phillip Goff for a confidential consultation. With decades of specialized experience and credentials that set him apart, he's prepared to fight for the best possible outcome in your case.
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