Multiple DWI Defense in Angleton

Penalties for a Second, Third, or Subsequent DWI in Texas

Texas grades a repeat DWI according to the number of qualifying prior convictions. It doesn’t classify the charge as a first-degree, second-degree, or third-degree DWI offense. Instead, the law determines whether the new charge is prosecuted as a Class A misdemeanor or a third-degree felony.

Second DWI: Class a Misdemeanor

A second DWI is a Class A misdemeanor under Texas Penal Code §49.09(a). A conviction carries 30 days to one year in county jail and a criminal fine of up to $4,000.

The driver’s license suspension for a second-offense conviction ranges from 180 days to two years. When the second offense was committed within five years of the prior offense, the minimum suspension is one year. These consequences are separate from the Administrative License Revocation process that can begin after an arrest.

Third or Subsequent DWI: Third-Degree Felony

A third or subsequent DWI is a third-degree felony under Texas Penal Code §49.09(b). The punishment range is two to 10 years in prison, along with a criminal fine of up to $10,000.

There’s no time limit on how old a prior conviction can be when determining whether a new charge is a third or subsequent offense. An older conviction can therefore remain relevant to enhancement. Determining whether a conviction qualifies requires reviewing the prior record and the law that governed it.

Separate State Traffic Fines

The criminal fine isn’t the same as the state traffic fine imposed upon conviction. The separate traffic fine is $3,000 for a first conviction within 36 months and $4,500 for a second or subsequent conviction within 36 months. It increases to $6,000 when the alcohol concentration is 0.15 or higher.

Bond Conditions & Deferred Adjudication

A repeat allegation can trigger restrictions before the charge is resolved. Texas Code of Criminal Procedure Article 17.441 requires a magistrate to order an ignition interlock device as a bond condition for a subsequent DWI charge. The device requires a breath sample before a vehicle can start.

This bond condition applies regardless of the age of the prior conviction. It governs release while the charge is pending and is separate from any interlock requirement imposed after a conviction.

Deferred adjudication allows a court to defer a finding of guilt while the defendant completes court-ordered conditions. It isn’t available for a second DWI or higher because Article 42A.102 bars deferred adjudication for offenses enhanced under Texas Penal Code §49.09.