Second DWI Offense in Texas
Charged Again? We Know What to Do
A second DWI charge in Texas carries harsher penalties and less room for error—but it’s still possible to avoid jail, protect your license, and fight for your future. We’ve defended repeat offenders across Houston and Harris County and know how to push back when the system comes down hard.
Second DWI Charges Aren’t Treated Lightly
But That Doesn’t Mean You’re Out of Options
Texas law sees a second DWI as a sign of a pattern—and prosecutors treat it that way. You’ll face higher fines, a longer license suspension, and mandatory jail time if convicted. That’s why it’s critical to hire a defense attorney who knows how to challenge breath tests, prior convictions, and procedural errors. We’ll do everything we can to keep this charge from defining your future.
We know what’s at stake. That’s why we prepare every case for trial, never accept lowball settlements, and go head-to-head with corporations and insurance companies to ensure our clients get the justice and compensation they deserve.
Why a Second DWI Hits Harder
Penalties for a Repeat Offense in Texas
A second DWI charge carries harsher penalties and fewer chances for leniency—acting quickly could make all the difference in your case.
Class A Misdemeanor
Up to 1 year in jail and a $4,000 fine
License Suspension
Up to 2 years, plus reinstatement fees
Permanent Criminal Record
Impacts jobs, housing, and background checks
Mandatory Jail Time
Minimum of 3 days, even with probation
Ignition Interlock Device
Required as a condition of bond and probation
Increased Penalties For Refusal
License penalties are worse if you refused a test
Local Process, Real Consequences
What Happens in Harris County After a Second DWI
In Harris County, prosecutors are far less lenient when a second DWI shows up on your record. Many courts require in-person appearances for repeat DWI charges and enforce stricter bond conditions—like interlock devices or travel restrictions. Your previous case will be reviewed closely, and they may try to use it against you even if the outcome wasn’t a conviction.
We’ve handled second DWI cases across Houston, from downtown courtrooms to surrounding areas like Pasadena, The Heights, and Westchase. We know the judges. We know the prosecutors. And we know how to put pressure on the State to prove every inch of their case.
What You Need to Know
Second DWI FAQ
Will I have to go to jail for a second DWI in Texas?
Texas law requires a minimum of 3 days in jail for a second DWI, even if you get probation. However, we’ve helped many clients avoid additional jail time through strategic defense and favorable plea agreements. Every case is different, and the exact penalty depends on your BAC, prior record, and how the arrest was handled.
Can I fight a second DWI if my first case happened years ago?
Yes. Even if your first DWI was a long time ago, it can still be used to enhance your current charge. That said, older records may be harder for the State to prove, and we can challenge whether the prior conviction qualifies for enhancement. We look closely at the original case to see if it was valid and admissible.
How long will I lose my license for?
For a second DWI, your driver’s license can be suspended for up to two years. If you refused a breath or blood test, the suspension could start even earlier through the ALR process. We fight both the criminal case and the administrative suspension to protect your ability to drive.
Can I get a second DWI expunged or sealed?
If you’re convicted of a second DWI, it cannot be expunged or sealed under Texas law. However, if we get the charge dismissed or you qualify for deferred adjudication, nondisclosure may be an option in the future. That’s why it’s so important to fight this charge aggressively now.
Do judges in Houston treat repeat DWIs differently?
Yes. In Harris County courts, repeat DWI offenders are often subject to stricter conditions and more aggressive prosecution. Some judges may even impose pretrial monitoring or require sobriety check-ins. That’s why working with a local defense attorney who knows the court’s tendencies is key to protecting your rights.
