Second DWI

Once a person has been convicted of driving while intoxicated (DWI) in Texas, any subsequent arrest for drunk driving carries much more serious penalties. Prosecutors know that judges and juries are far less sympathetic for alleged repeat offenders and frequently seek maximum punishments.

Texas is one of the rare states in the nation that has no “lookback period,” a predetermined length of time for which older DWI arrests can be counted against alleged offenders. Whereas alleged offenders in other jurisdictions might not have previous drunk driving arrests that occurred outside of the lookback period counted against them for subsequent offenses, any prior DWI arrest will be used against an alleged repeat offender in Texas—even if the previous conviction was multiple years or even decades ago.

Attorney for Second DWI Arrests in Conroe, TX

If you were arrested in Montgomery County for an alleged second drunk driving offense, it is in your best interest to immediately retain legal counsel. Evans & Powell, PLLC aggressively defends clients accused of DWI offenses in Patton Village, The Woodlands, Pinehurst, Shenandoah, Willis, Oak Ridge North, and many surrounding areas of Montgomery County.

Sean Evans and Frank Powell are experienced criminal defense lawyers in Conroe who can identify all of your possible legal defenses that could result in criminal charges possibly being minimized or eliminated. Call (936) 622-2000 today to have our attorneys provide a complete evaluation of your case during a free, confidential consultation.


Overview of Second DWI Crimes in Montgomery County


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Second DWI Charges in Texas

A person can be charged with DWI in Texas under Texas Penal Code § 49.04 if he or she is intoxicated while operating a motor vehicle in a public place. Texas Penal Code § 49.01(2) defines intoxicated as an individual either not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or having an alcohol concentration of 0.08 or more.

In the former scenario, a prosecutor will usually rely on the testimony of an arresting police officer and/or any video evidence of the police stop to support the criminal charges. The latter definition of intoxicated is referred to as a “per se DWI,” because per se is the Latin phrase for "by itself" or "in itself," and an alcohol concentrations of 0.08 or greater is by itself a violation of state law when the alleged offender was operating a motor vehicle.


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Montgomery County Second DWI Penalties

Second arrests for drunk driving in Texas carry much steeper penalties than first offenses. While a first DWI is only classified as a Class A misdemeanor when an alleged offender has an alcohol concentration of 0.15 or higher, all second DWI arrests are Class A misdemeanor offenses.

Sentences in these cases can include any combination of the following possible punishments:

  • Up to one year in jail;
  • Fine of up to $4,000;
  • Two-year suspension of driver’s license;
  • Installation of ignition interlock device (IID) on each motor vehicle owned or operated by the alleged offender at the alleged offender’s own cost for one year;
  • Up to 200 hours community service;
  • Mandatory attendance at DWI Victim Impact Panel (VIP);
  • Completion of DWI education class; and/or
  • Drug and/or alcohol treatment.

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Texas Resources for Second DWI Offenses

Mothers Against Drunk Driving (MADD) — MADD is a 501(c)(3) nonprofit organization with the mission “to end drunk driving, help fight drugged driving, support the victims of these violent crimes and prevent underage drinking.” On this website, you can find drunk driving statistics, view action alerts, and read answers to frequently asked questions. You can also find victim services such as tributes, compensation, and literature.

Certified Texas Ignition Interlock Device (IID) Service Centers —The Texas Department of Public Safety (DPS) is required under Texas Transportation Code §521.2476 to establish minimum standards for vendors of IIDs who conduct business in Texas and procedures to ensure compliance with those standards, including procedures for the inspection of a vendor’s facilities. View a PDF listing of all certified service centers in Texas. Listings indicate the types of services provided as well as whether services are provided at fixed locations or mobile locations.


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Evans & Powell, PLLC | Conroe Second DWI Defense Lawyer

Were you recently arrested for an alleged second DWI offense in Montgomery County? You will want to seek legal representation as soon as possible. Contact Evans & Powell, PLLC right now for help protecting your legal rights.

Conroe criminal defense attorneys Sean Evans and Frank Powell represent individuals in communities throughout Montgomery County, including Porter Heights, Magnolia, Woodbranch, Panorama Village, Splendora, Cut and Shoot, and many others. You can have our lawyers review your case and discuss all of your legal options as soon as you call (936) 622-2000 or fill out an online contact form to receive a free initial consultation.


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