DWI Second

Criminal Defense Attorneys in The Woodlands, Conroe, and Houston will tell you that a DWI Second is a totally different Animal rom a DWI first.  The prosecution not only enhances the offense for in increased range of punishment, but they also tend to treat DWI second cases with extra care and are less likely to dismiss or reduce charges for DWI second.  Having the best legal representation possible gives your case a chance at a fair resolution. ​

What makes a DWI Second Different? 

A DWI Second case is different in that it requires the prosecutor to prove to the jury that you have been previously convicted of an offense related to driving a motor vehicle while intoxicated.  It could be a prior DWI from Texas or any other state where the elements of the offense are substantially similar to that of the Texas Driving While Intoxicated law.  This changes the punishment range from 72 Hours to 180 days in jail (Calss B) for a DWI first to 30 days as a minimum and up to 365 days in jail (Class A).  The law also requires the installation of a deep lung breath analysis device into the motor vehicle of someone convicted of Class A DWI second if the prior conviction is within 5 years of the date of the new offense.  This is commonly called an "interlock" device or more colloquially a "blow-and-go" device.  For persons who have their prior offense within the last 5 years this is mandatory for a period of 1 year after the license suspension imposed by the Department of Public Safety.  DPS may suspend your license for a DWI Second for up to 2 years!   

 

How can you fight a blood test?

  • Reason for Traffic Stop was not supported by reasonable suspicion.

  • Police did not have probable cause for a DWI investigation.

  • Coerced Consent

  • No probable cause in Blood Warrant.

  • Faulty testing instrument (Gas Chromatography)

  • Poor refrigeration.

  • Forensic Vacuutainer seal compromised. 

  • Hospital Blood result not properly converted.

Disconnect Theory

When people can see and hear something they understand.  A competent defense lawyer will understand how to use the State's evidence in your favor by showing jury members how there is a disconnect between the inflated blood alcohol number shown in the test results and the physical and mental capabilities displayed by the client on video.  As one lawyer and mentor of mine put it, "Are you going to believe the government, or your lying eyes?"  Most jurors believe their eyes and when the can see that there is a reasonable doubt in the case the law requires them to return a verdict of Not Guilty.  ​

How does blood alcohol testing work?

After an Arrest Officers are required to read the DIC-24.  This is a legal document that tells you the consequences of refusing to provide a breath or blood sample when arrested for DWI.  If you consent to the taking of a specimen of your blood then the officer will either take you to the hospital or the jail to draw your blood with the help of a phlebotomist.  A phlebotomist is like a nurse that specializes in taking blood samples.  In Montgomery County there is a nurse working at the jail for a program called "No Refusal Weekends." Where if you refuse to provide a breath or blood specimen the District Attorney's Office will write a search warrant for your blood and ask a Judge to sign it requiring the officer to obtain a sample with the assistance of a medical professional.  The process follows this general path:

 

  • Arrest

  • Transportation to a Hospital or Jail Facility

  • Two grey top blood vials are filled by a nurse or phlebotomist​

  • Blood vials are sealed in a package

  • Typically no refrigeration

  • Mailed to a laboratory

  • Refrigerated for the first time

  • Sample extracted and placed in new container

  • Sample run in Gas Chromatograph with approximately 50 other samples at the same time.

  • Computer generated number based on the gas above the blood inside the sample tube.

  • Analyst issues Lab Report.

This process could take between 1 and 12 months to complete!

What is the punishment for a DWI Second?

A DWI Second is punishable as a Class A misdemeanors with a minimum punishment of 30 days in jail and a maximum punishment of 365 days in jail and a $4,000 fine. 

A State Traffic fine could also be issued in the amount of $3,000 for first time DWI offenders and $6,000 if the test result was 0.15 or more.

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AGGRESSIVE DWI DEFENSE

FORMER CHIEF PROSECUTOR

MEMBER OF VEHICULAR CRIMES TEAM