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Second DWI

While judges and juries may believe that a first arrest for driving while intoxicated (DWI) can happen to anybody in Texas, most people are far less forgiving when an alleged offender is charged with drunk driving for the second time. If a person is convicted of a second DWUI offense, he or she will be facing much more serious penalties than what was imposed for the first conviction.

Unlike many other states in the nation, Texas does not have a “lookback period” that allows older drunk driving arrests not to be counted against alleged offenders. As a result, people who were arrested for DWI several years or even decades ago can face enhanced criminal charges because the most recent arrest will count as a second offense.

Lawyer for Second DWI Arrests in Fort Worth, TX

If you were arrested anywhere in the greater DFW area for what was allegedly your second DWI offense, it is in your best interest to immediately retain legal counsel. Townsend, Gebhardt & Eppes, PLLC defends clients charged with alleged repeat drunk driving offenses in communities all over Tarrant County, Parker County, and Johnson County, including Fort Worth, Cleburne, Arlington, Weatherford, and many others.

Fort Worth criminal defense attorneys Andrea Townsend, Steven Gebhardt, and Brian Eppes will fight to help you achieve the most favorable resolution to your case, including possibly having the criminal charged reduced or dismissed. They can provide an honest and thorough evaluation of your case as soon as you call 817-502-3600 to receive a free initial consultation.


Tarrant County Second DWI Information Center


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Second DWI Charges in Texas

A person commits the crime of DWI under Texas Penal Code § 49.04 if he or she is intoxicated while operating a motor vehicle in a public place. Intoxicated is defined under Texas Penal Code § 49.01(2) as meaning 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 a breath, urine, or blood alcohol concentration (BAC) of 0.08 or more.

Whereas a first DWI arrest only resulted in Class A misdemeanor charges if an alleged offender had a BAC of 0.15 or more, all second DWI arrests are Class A misdemeanor offenses. Further enhanced charges may apply if the vehicle being operated by an alleged offender was occupied by a passenger younger than 15 years of age or the alleged offender caused a motor vehicle accident resulting in injuries or property damage.


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Tarrant County Second DWI Penalties

When an alleged offender is convicted of a second DWI offense, the court may be required to impose certain mandatory punishments. Some of the possible consequences include, but are not limited to:

  • Minimum of 30 days up to one year in jail;
  • Fine of up to $4,000;
  • 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; and
  • Driver’s license suspension of up to two years.

Depending on an alleged offender’s specific case, a court may also order such additional requirements as mandatory attendance at a DWI Victim Impact Panel (VIP), completion of a DWI education class, and/or any additional drug and/or alcohol treatment.


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Texas Second DWI Resources

Official Texas Driver License Eligibility System — On this Texas Department of Public Safety (DPS) website, you can pay fees charged to you for your driver license suspension offenses, view compliance items needed to determine and understand your license eligibility, and track your driving eligibility status. In order to login, you will need a driver license or ID number, date of birth, and the last four digits of a Social Security number. You can also find answers to frequently asked questions.

Fort Worth Driver License Center
8301 Brentwood Stair Rd.
Fort Worth, TX 76120
(817) 285-1900

Certified Texas Ignition Interlock Device (IID) Service Centers —Texas Transportation Code §521.2476 requires DPS 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 list of certified service centers in Texas. All court-ordered installations of ignition interlock devices must be performed by DPS-certified service centers.


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Townsend, Gebhardt & Eppes, PLLC | Fort Worth Second DWI Defense Attorney

Were you recently arrested in the DFW area for your alleged second drunk driving offense? Do not say anything to authorities without legal representation. Contact Townsend, Gebhardt & Eppes, PLLC as soon as possible.

Andrea Townsend, Steven Gebhardt, and Brian Eppes are experienced criminal defense lawyers in Fort Worth who represent individuals in Arlington, Fort Worth, Weatherford, Cleburne, and several surrounding areas of Tarrant County, Parker County, and Johnson County. Call 817-502-3600 or complete an online form to have our attorneys review your case and answer all of your legal questions during a free, confidential consultation.


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