Have you been charged with a second DWI in Fort Worth, TX? Call Cofer Luster Criminal Defense Lawyers at (682) 777-3336 to schedule your initial consultation. Our Fort Worth criminal defense lawyers have decades of combined legal experience working with defendants accused of repeat DWI/DUI offenses in Texas.
A second DWI charge carries much harsher penalties, making it essential to work with a lawyer as soon as possible after your arrest. Contact Cofer Luster Criminal Defense Lawyers today to schedule your consultation with a Fort Worth 2nd time DWI lawyer.
Why Choose Cofer Luster Criminal Defense Lawyers if You’re Arrested For a 2nd Time DWI in Fort Worth?
When you’re facing a second DWI charge in Fort Worth, Texas, the outcome can affect the rest of your life. Texas law comes down much harder on repeat offenders, making it important to find the right lawyer to work with. At Cofer Luster Criminal Defense Lawyers, we bring experience and specialized knowledge you won’t find at most firms.
Here’s why clients trust our Fort Worth criminal defense lawyers in high-stakes DWI cases:
- Two attorneys board-certified in criminal law by the Texas Board of Legal Specialization – an achievement that represents the highest level of legal expertise and is held by only a small percentage of Texas lawyers.
- A team that includes former prosecutors, a former magistrate judge, a former federal public defender, and a law professor, offering unique perspectives from all sides of the courtroom.
- Experience at every stage of the criminal process, from initial hearings to challenging jury trials.
Having a specialized DWI legal team in Fort Worth, Texas, can make all the difference in your case. Call Cofer Luster Criminal Defense Lawyers today to speak with a Fort Worth 2nd time DWI attorney.
Overview of 2nd Time DUIs in Texas
In many states, DUI and DWI are used interchangeably to describe drunk or drug-impaired driving charges. In Texas, they are two separate offenses.
DWI – Driving While Intoxicated
A DWI charge applies to drivers who are 21 years of age or older. You can be arrested for DWI if your blood alcohol concentration (BAC) is 0.08% or higher, or alcohol, drugs, or a combination has impaired your normal mental or physical faculties, even when your BAC is below 0.08%.
DUI – Driving Under the Influence
DUI applies specifically to drivers under 21 due to Texas’s Zero Tolerance policy. Minors in Texas can face DUI charges if they are operating a vehicle with any detectable amount of alcohol in their system. This standard is much stricter than for adults; even a BAC far below 0.08% is considered illegal if you are underage.
No “Look-Back Period” for DUI/DWI in Texas
When you’re arrested for a DUI and already have a previous conviction, the penalties are often much harsher. In some states, a past DUI or DWI “expires” for penalty purposes after a certain number of years, so old convictions don’t count against you if you’re charged again. Texas doesn’t work that way.
In this state, DUI convictions are counted against you forever. That means even if your first arrest was 25 years ago, a new one will still be treated like a second offense with higher penalties.
What Are the Penalties For 2nd Time DWI in Fort Worth, Texas?
If you’re between 17 and 20 years old, a second DWI offense in Texas is a Class C misdemeanor. You’re facing a fine of up to $500, with no possibility of jail time. The judge will also order 20 to 60 hours of community service, depending on whether the minor has a prior DWI conviction or not.
2nd DWI Penalties
For those who are charged with a second DWI, the penalties are much more severe and could include:
- Jail time: A second DWI conviction carries a minimum of 30 days and up to 1 year in county jail. The law requires a mandatory minimum of 3 days actually served.
- Fines: A conviction can lead to fines as high as $4,000, not including court costs, legal fees, and other expenses related to your case.
- Driver’s license suspension: Your license can be suspended for anywhere from 180 days to 2 years.
Texas takes repeat DWIs extremely seriously, even for drivers under 21. It’s essential to work with a lawyer right away.
What Defenses Can Be Raised if I’m Arrested for a 2nd Time DWI?
A second DWI arrest in Texas can feel overwhelming. The penalties are harsher, and the prosecution will be looking at your prior record. Fortunately, there are ways to defend yourself.
Unlawful Traffic Stop
If police didn’t have a valid reason to pull you over, any evidence collected afterward could be thrown out. Without that evidence, the state’s case usually becomes impossible, leading to a dismissal of charges.
No Proof of Driving
Texas prosecutors must show you were operating the vehicle while intoxicated. If the police found you parked, asleep in your car, or at the scene but not behind the wheel, it will be difficult to prove that you were actually driving or in control of the vehicle while you were allegedly impaired.
Problems with Field Sobriety or Chemical Tests
Breathalyzers, blood tests, and field sobriety tests all have limitations. Mistakes in calibrating or maintaining equipment, contamination of samples, or weather and health factors affecting sobriety tests can lead to unreliable results.
No Valid Prior DWI Conviction
For the state to treat your arrest as a second offense, they must prove you actually have a valid prior DWI or DWI conviction on record. Errors happen, so it’s important to make sure you aren’t being charged with a second DWI if you don’t have a prior conviction.
If your previous case didn’t result in a conviction, or the DWI charge was dropped or reduced to a non-DWI offense, the state may not have grounds to enhance penalties.
In all DWI cases, you have ways to fight back and defend yourself from severe penalties.
Schedule a Free Case Evaluation With Our Fort Worth 2nd Time DWI Lawyers
A second DWI conviction in Fort Worth can have an impact on all aspects of your life. Many people don’t realize just how serious these types of charges can be when they are repeat offenses.
Our lawyers have the experience to help you fight back and minimize the penalties you’re facing as much as possible. Contact Cofer Luster Criminal Defense Lawyers so we can help you schedule your free case evaluation with a Fort Worth 2nd time DWI attorney.
