Second DWI Offense in Texas

Man in car with booze gets Second DWI Offense

Regardless if you got your previous DWI conviction 1 month or 10 years ago, you will be required to have an ignition interlock device installed in your car.

Just to release you from jail, the judge is legally required to make you pay $100/mo to install an ignition interlock device in your car. This device turns your car into a moving prison. In order to start your car, you have to blow into this machine which will verify you have no detectable alcohol in your system. After you start driving, you then have to blow every 15 minutes to verify you are not drinking and driving. It’s either that or spend significant time in jail.

This is required by Article 17.441 of the Code of Criminal Procedure.

17.441. Conditions requiring motor vehicle ignition interlock

  1. A magistrate shall require on release that a defendant charged with a subsequent offense under Sections 49.04 – 49.06, Penal Code , or an offense under Section 49.07 or 49.08 of that code:

    1. have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator;  and

    2. not operate any motor vehicle unless the vehicle is equipped with that device.

Since it’s your Second DWI Offense, the state will want to fine you even more, specifically in the amount of up to $16,000. Essentially, they want to take your car away from you and throw you in jail.

If you didn’t fight the first DWI, and got a conviction, it’s not your fault. Life happens, and you probably didn’t have someone who told you all the hidden consequences of a DWI conviction. But this time around, you should know the seriousness of a DWI conviction and be ready to fight your Second DWI Offense.

If you gave a blood or breath sample, read the links to the right on your particular situation. To discuss the specifics of your case, please don’t hesitate to give me a call at 512-898-9529 for a free case evaluation.