Criminal Defense and Title IX
Attorneys Austin, TX

Second Offense DWI Attorneys in Austin, TX

Our law firm can ensure your rights and reputation are protected

If you’re facing a second DWI offense in Texas, you know what lies ahead and how complex and unpredictable the legal process can be. No matter how your first DWI went, we can help guide you through a second DWI charge with confidence. At Botsford & Roark, our Austin DWI defense lawyers ensure that mistakes are prevented and your rights, as well as reputation, are aggressively protected every step of the way.

Founded in 2007, our law firm has been helping people fight driving while intoxicated charges in Central Texas for years. We are known for handling high-profile and complex cases with authority and determination.

If you're facing a second offense DWI in Travis County or another Central Texas community, contact us for a free case evaluation. We are available to give you peace of mind by answering questions and explaining your defense options.

Second offense DWI charges in Central Texas

In an average year, Travis County receives about 5,000 new second offense DWI cases – and they can be tough to beat. Around here, more than 70 percent of second DWI cases end in convictions, according to local court data. To be convicted of a 2nd DWI, the prosecution must typically prove a handful of events beyond a reasonable doubt:

  • The driver was intoxicated by illegal, legal, prescribed, or over-the-counter alcohol, drugs, or other mind-altering substance.
  • The driver was operating a motor vehicle, aircraft, or boat while intoxicated.
  • The driver’s intoxicated operation of the motor vehicle was in a public place.
  • The driver has been previously convicted of DWI or a DWI-related charge.

At Botsford & Roark, we have the knowledge, resources, and skills to fight back against DWI charges. In addition to conducting our own thorough investigation, if it helps your case, we will challenge evidence, witness credibility, and case circumstances to create reasonable doubt as well as negotiate relentlessly for a favorable outcome.

Second DWI charges and penalties

The following are penalties for various DWI offenses as prescribed under Texas state law. The information may not be reflective of the penalties an individual charged with a second DWI is facing. If you have been charged and want an accurate assessment of the penalties against you, contact us.

Second offense DWI

  • Class A misdemeanor
  • 30 days to 1 year in jail, up to $4,000 fine

Other penalties of a second DWI conviction may include:

  • Suspension of driver’s license
  • Probation
  • Community service
  • Alcohol awareness education
  • Mandatory installation of an Interlock Intoxication Detection unit

There are also social implications that come with a second DWI conviction affecting future employment opportunities and professional aspirations, as well as public image.

Criminal defense strategies for second offense DWI

The goal of most people charged with a second DWI is to “beat” the charges. That usually means having charges dropped, pleading guilty to a lesser offense, being found innocent, or acquitted.

There are many criminal defense strategies that may be used to fight for such results. After thoroughly investigating your case, our second DWI defense attorneys will explain your legal options, which may include:

  • Challenging the traffic stop
  • Questioning the sobriety tests
  • Challenging chemical test BAC results (breathalyzer and blood tests)
  • Exploring plea bargains
  • Seeking deferred adjudication
  • Questioning prior convictions
  • Challenging the basis for enhanced penalties, if applicable

Under some circumstances, second and subsequent DWI charges can be diverted to Travis County’s special DWI Court in Austin. The alternative court may help individuals avoid incarceration and protect their reputations, but participation requires a big commitment of your personal time. Not everyone is eligible or suitable for DWI Court.

Don’t let a second offense DWI charge turn your whole life upside down

Many people charged with DWI for a second time feel hopeless about their situation. Perhaps the prosecution has breathalyzer test results that indicate a BAC over the legal limit. Or the cops have video of the accused allegedly acting “drunk” during the traffic stop. Our experienced Austin DWI attorneys at Botsford & Roark know how to effectively challenge and minimize such evidence.

If you're facing a second DWI charge in Travis County or another Central Texas county like Bell, Williamson, or Hays, reach out to Botsford & Roark for a free case evaluation. Our firm has a proven track record of fighting for the freedom, rights, and reputations of our clients charged with DWI. Find out how we can help you.

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