DWI

Killeen Repeat and Multiple DWI Defense Attorneys

Help when you are facing repeat DWI offenses in Harker Heights, Waco, Copperas Cove, and throughout Central Texas

Texas takes DWI offenses very seriously, with increased penalties for multiple offenses. This means more jail time and higher fines if you are charged and convicted with a second, third, or even fourth DWI or DUI. Further, it means that a DWI Class B misdemeanor can turn into a DWI Class A misdemeanor – or even a felony. Drivers with multiple convictions will likely be ordered to use an interlock ignition device on their car when (or if) their license is restored. If you have a previous DWI conviction, it’s even more important to hire experienced DWI counsel for the next conviction.

At Mary Beth Harrell Criminal Defense and DWI Lawyers, our Killeen DWI defense attorneys are experienced trial counsel. We fight every aspect of the prosecution’s case. This fight includes challenging breath tests, blood tests, and field sobriety tests. We contest the police officer’s grounds for stopping you and whether he/she administered the tests according to proper procedure. We work to negotiate plea bargains to lesser charges. When necessary, we’re ready and able to aggressively try your case before a jury of your peers.

Areas of Focus

What are the penalties for repeat DWIs in Texas?

The state of Texas maintains a record of any DWI offense you have. If you have out-of-state DWIs, the prosecution will likely search your driving record nationwide. Our attorneys work to ensure the prosecution follows proper procedures when obtaining these records.

The consequences for repeat DWIs, are set forth in Section 49.04 of the Texas penal code.

  • Second DWI offense. The penalties are:
    • Jail time. A driver convicted of a second DWI can be sentenced a minimum of one month and a maximum of 12 months in jail.
    • The judge can fine a second-time DWI offender up to $4,000.
    • Suspension of driver’s license. The second-time offender’s license can be suspended up to two years.
    • Fees and costs. The driver will be assessed a yearly fee of $1,000, $1,500 or $2,000 for three years to restore their driver’s license privileges.
    • Other consequences. If the driver has been previously convicted of intoxication manslaughter, the new DWI charge will be treated as a felony of the third degree, according to the Texas penal code.
  • Third DWI offense. The penalties are:
    • Jail time. Defendants convicted of a third DWI will be sentenced a minimum of two years and a maximum of ten years in prison.
    • Fines can be as much as $10,000
    • Suspension of driver’s license. A third-time offender will have his/her driver’s license suspended for up to two years.
    • Fees and costs. Driver’s license fees can be assessed between $1,000 and $2,000 on a yearly basis

Other consequences. The criminal charge for a third-time DWI can be upgraded to a third-class felony. There generally is no look-back period (such as 5 years or 10 years) in reviewing the prior DWI convictions.

Are there additional penalties for Texas repeat DWI offenses?

There may be increased fines for first, second, and third convictions if the blood alcohol level of the driver is .15 or more. Any driver who is convicted of a second or subsequent DWI offense will be required to install an ignition interlock device (IID) on their vehicle. The IID mechanism checks to see if it can detect alcohol on your breath. If the IID does detect alcohol, the vehicle will not start.

Drivers who commit a first-time DWI may be eligible for a deferred adjudication, which means the driver can enter a guilty or no-contest plea and complete certain requirements. However, drivers who are convicted of second or multiple DWI offenses are not eligible for this program.

Generally, anyone convicted of longer sentences may be required to serve that sentence in a Texas prison rather than a Texas jail. Jails are generally less severe than prisons.

How can a Killeen repeat DWI defense attorney help?

Each new DWI charge requires that the government prove its case beyond a reasonable doubt. The defenses that apply in a repeat DWI are the same that apply in the first and any DWI. These defenses include seeking to suppress the chemical tests and other tests, challenging the right of the police officer to stop a driver, asserting your Constitutional rights, showing reasons for failing a chemical test that weren’t due to alcohol, showing that you weren’t the actual driver, and other defenses depending on what happened.

Judges and prosecutors are especially concerned about repeat offenders because repetition indicates a serious drinking problem. We work to mitigate those concerns.

Skilled defense for first-time or repeat DWI charges in Killeen

Being charged with any DWI is scary. It is especially frightening if you have a prior DWI conviction on your record. Repeat DWI convictions mean more time in jail, huge fines, and loss of driving privileges. These additional penalties can directly affect your family relations and your ability to earn a living. At Mary Beth Harrell Criminal Defense and DWI Lawyers, we have more than two decades of experience fighting DWI charges. We work to obtain acquittals, and have charges dismissed or reduced. For help now, call our Killeen repeat DWI offender defense attorneys at 254-680-4655 or complete our contact form to make an appointment. We see clients in Killeen, Harker Heights, Waco, and Copperas Cove.

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