If you have been charged with a second driving while intoxicated (DWI) offense in Georgetown, you could potentially face serious penalties. These repercussions can include, but are not limited to:
- Mandatory jail term,
- Mandatory driver’s license suspension,
- Monthly meetings with a probation officer (PO)
- A possible criminal record, and/or
- Maintaining SR-22 insurance for at least two years.
Additionally, an individual in Texas who has been convicted of their second DWI offense within five years of any preceding DWI offense is required by law to install and maintain an ignition interlock device on their vehicle. This type of machine requires the driver of the vehicle to take and pass a breath test before the vehicle will start. If the device detects any traceable amount of alcohol on the driver’s breath, the car will not start. Additionally, while the driver is operating the vehicle, the driver will be required to periodically pull over and take and pass another breath test before they are able to continue driving.
Texas Second DWI Attorney
If you have been charged with a second DWI in Georgetown, or any of the surrounding areas Round Rock, Cedar Park, Leander, Taylor, Hutto, Killeen, Temple, Belton or Harker Heights, contact Price & Twine, PLLC. Attorneys Michael J. Price and James Twine are knowledgeable in all areas of Texas’ driving while intoxicated laws. They will make every effort to help you achieve the best possible outcome for your particular situation.
Call Price & Twine, PLLC for a free consultation at (512) 354-1880 about your second alleged DWI offense.
Georgetown Second DWI Information Center
- Second DWI in Texas
- Texas’ Definition of Intoxicated
- Alcohol Concentration Level in Texas
- Operating a Motor Vehicle in Georgetown
- Penalties for a Second DWI in Texas
- Probation for Second DWI
- Resources in Georgetown for a Second DWI
In order to be charged with a DWI in Texas, the alleged offender is required to operate a motor vehicle in a public place while they are intoxicated, as stated in Tex. Pen. Code Ann. § 49.04. If an individual has previously been convicted of a DWI or DWI related offense in Texas, they will be charged with their second DWI. DWI-related offenses in Texas can include any of the following:
- First DWI,
- DWI with a Child Passenger,
- Flying While Intoxicated,
- Boating While Intoxicated,
- Intoxication Assault, and/or
- Intoxication Manslaughter.
Texas law defines intoxicated in Tex. Pen. Code Ann. § 49.01(2) as the inability to use normal mental or physical faculties after consuming alcohol and/or ingesting any controlled substance. Normal faculties are anything the alleged DWI offender could do on a normal daily basis without much thought. Examples of normal faculties can include, but are not limited to:
- Balancing skills,
- Basic motor functions, and/or
- Driving a vehicle.
Additionally, an individual can be considered intoxicated in Texas if they have a blood or breath alcohol concentration (BAC) of .08 or higher. If the driver has a BAC at or over the legal limit of .08, they can be arrested and charged with a DWI, even if their normal faculties are not impaired. This is called per se DWI, which means if the driver has a BAC over the legal limit they will automatically be arrested, no matter what.
The legal limit in Texas is .08, which means an individual who is operating a vehicle with an alcohol concentration level over the legal limit can be arrested for DWI. According to Tex. Pen. Code An. § 49.01(1), alcohol concentration in Texas is defined as the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood or 67 milliliters of urine.
The legal limits is actually very low, and many people can reach the limit in one or two drinks, depending on their weight and body size, how much they have eaten, their gender, the strength of the drink, and how quickly they consumed the beverage. Even if an individual believes they are capable of driving, their BAC could be over the legal limit.
The Texas Alcoholic Beverage Commission (TABC) measures one drinks in Texas as:
- One 12 ounce beer, or 4.5% alcohol by volume (ABV),
- A 1.5 ounce shot of 80 proof liquor (40% ABV), or
- One 5 ounce glass of wine (12% ABV).
In order to be charged with a second DWI in Georgetown, the driver must have actual physical control of the motor vehicle. Actual physical control, or APC, is defined as the driver must physically be in the vehicle or close enough to operate the vehicle. The driver also must have the capability to operate the vehicle, even if the vehicle is not in operation at the time of the DWI arrest.
Texas law (Tex. Pen. Code Ann. § 49.01(3)) defines a motor vehicle as anything used to transport people or property, except for vehicles on stationary rails, such as metro rails or trains.
If an individual is convicted of their second DWI in Texas, they can receive a Class A misdemeanor, which is generally punishable by a mandatory minimum jail sentence of 30 days, but can increase to one year and/or and of the additional punishments:
- A fine up to $4,000
- Up to 200 community service hours
- Possible mandatory installation of an ignition interlock device
- Fees to calibrate the ignition interlocking device
- Community supervision or probation
- Court costs
- Completion of an approved alcohol or controlled substance education course
- Substance abuse counseling
- DWI repeat offender course
An individual who has been convicted of a second DWI will also face a license from 180 days to two years. However, if the individual has received their second DWI within five years of any previous DWI-related offense, they could face an increased license suspension from one to two years. Additionally, an individual who has been convicted of their second DWI within five years of any previous DWI-related offense will be required to install an ignition interlock device on their car, according to Tex. Pen. Code Ann. § 49.09(h).
Can You Also Get Probation for 2nd DWI in Texas?
Probation is very possible if you’ve been charged and convicted with a second DWI offense in Texas. Although, it’s not guaranteed. The outcome of your case will depend on the judge’s discretion, which will be largely influenced by the facts of the case. Factors such as whether property damage was involved, your previous criminal history, and your standing in the community will all play into the judge’s final decision.
If you’ve been convicted of a second DWI, then you should expect to face a three-day jail sentence even if probation is granted. Once you’re released from jail, you must then agree to the installation of a ignition interlock device on your vehicle. The IID serves a condition of release from jail.
Texas Constitution and Statutes – Section 49.09(a) of the Texas Penal Code defines intoxication offenses in Texas, including a second DWI offense and the penalties for a conviction of a second DWI.
Texas Approved Ignition Interlock Device Vendors – This link is to the Texas Department of Public Safety’s approved list of ignition interlock device vendors throughout Texas, including Georgetown. An individual who is required to install an ignition interlock device on their vehicle must have it installed by a vendor who is approved by the Office of the Scientific Director in Texas.
Texas Department of Public Safety – The Texas Department of Public Safety (DPS) is a state law enforcement agency that protects and serves the citizens of Texas by enhancing public safety. The DPS also provides information on crime statistics, driver’s license renewals and suspensions and miscellaneous resources for citizens in the state. A local Georgetown DPS office is located at:
1070 Westinghouse Rd, Georgetown, TX 78626
National Highway Traffic Safety Administration: Drunk Driving – Access the official website for the National Highway Traffic Safety Administration to view information regarding drunk driving. You can learn how alcohol affects driving ability and view important statistics.
Georgetown Second DWI Lawyer | Williamson County, TX
Contact Price & Twine, PLLC today for a consultation about your second drinking and driving offense throughout Williamson County in Texas. Michael J. Price and James Twine are comptetent Georgetown criminal defense attorneys who will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. They have been practicing criminal defense for years and have the knowledge needed to fight any type of DWI charge no matter the circumstances.
Contact Price & Twine, PLLC at (512) 354-1880 for a free consultation about your alleged first DWI throughout Williamson County and Bell County in Texas.