Compassionate and Strategic Felony Multiple Defense Representation
If you have previously been convicted of a DWI offense and are charged with DWI again, you already know you have a difficult path ahead. The Texas legal system takes a tougher approach to repeat intoxicated driving charges. With each additional conviction, you face higher penalties, including longer jail or prison sentences and increased fines. Many people worry these consequences will disrupt their future.
Do not give up. You are innocent until proven guilty, and our team at Lance Kennedy Law provides aggressive, solutions-driven representation. We recognize what is at stake and know how to protect your rights when facing a second or subsequent DWI charge.
In Austin and throughout Travis County, law enforcement increases patrols and holds “No Refusal” initiatives, especially during major events and on holiday weekends, to target repeat DWI offenses. When law enforcement backs up second or multiple DWI arrests with expanded resources—including frequent search warrants and quick blood draws—those facing charges encounter added challenges. We monitor these enforcement trends and understand how they can affect your situation.
Putting your needs first and securing the best possible outcome are our top priorities. Our founding attorney, Lance Kennedy, is a former U.S. and Texas criminal prosecutor who knows how to navigate these cases. This background helps us anticipate how prosecutors will build their case and gives us the perspective to build a strong defense that addresses their strategies. You can expect strong advocacy in and out of the courtroom and direct attorney access every step of the way.
Our team is available 24/7, so contact us online or call (737) 324-7540 to schedule a free consultation with our Austin multiple DWI defense lawyers now. Se habla español.
Second and Subsequent DWI Charges Carry Harsher Penalties
When you have a DWI conviction on your criminal record, any additional DWI charge brings more serious consequences, even if you face a misdemeanor for a second charge. If you receive a third or subsequent DWI, or if a minor under age 15 was in your vehicle, you may face felony charges.
Potential consequences of a second DWI offense in Texas, usually classified as a Class A misdemeanor, include:
Up to one year of jail time (30-day minimum sentence)
Up to $4,000 in fines
Driver’s license suspension of up to two years
Punishments for a third or subsequent DWI offense in Texas—which will likely be charged as a felony—include:
Up to ten years in prison (two-year minimum sentence)
Up to $10,000 in fines
Driver’s license suspension of up to two years
Travis County operates a dedicated DWI Court for repeat offenders. The court's process introduces supervision, treatment plans, and regular reporting requirements. Navigating these procedures takes familiarity with Austin's criminal justice system, which operates differently than general criminal courts.
Other consequences extend beyond the criminal sentence. For a second or later offense, you often must pay a surcharge fee of up to $2,000 each year for up to three years to keep your driver's license after it is reinstated. Courts often also require installation of an ignition interlock device (IID) on any vehicle you drive. A criminal record can complicate access to jobs, housing, and other life opportunities.
Our attorneys recognize the anxiety that comes with facing lengthy incarceration or other penalties for a second or subsequent DWI conviction. When you choose Lance Kennedy Law to support you during this process, we build a careful defense and examine every element of your case to challenge the prosecution's evidence and protect your future.
What Happens After a Second or Multiple DWI Arrest in Austin?
After a second or multiple DWI arrest in Austin, the process begins with booking at a local facility and an appearance before a magistrate judge. Often, bond conditions may include ignition interlock requirements or travel restrictions, and repeat offenses are handled on dockets designed with community safety in mind. Travis County may direct cases involving multiple DWIs to its specialty DWI Court, where participants follow structured supervision plans and attend required check-ins. You might also be subject to an administrative license suspension hearing, which operates separately from the criminal case and can affect your ability to drive.
The next steps depend on the court’s assessment and any prior convictions you have. Timelines can differ from first-offense cases—especially for repeat offenses—leading to either faster or longer proceedings based on complexity and court resources. Working with a legal team familiar with Austin’s process helps you respond quickly at every stage. Communication with your attorneys means you receive guidance on attending programs, handling bond conditions, or challenging license suspensions. Addressing these requirements promptly positions you for better results as your case advances.
Can I Refuse a BAC Test During a Traffic Stop in Texas If I Have Previously Been Convicted of DWI?
In Texas, if law enforcement pulls you over and suspects DWI, you may refuse a blood alcohol concentration (BAC) breath or blood test. However, doing so brings serious immediate and long-term consequences, especially if you have a previous DWI conviction.
Texas uses an "implied consent" law, so by driving on the state's roads, you agree to provide a breath or blood test if lawfully arrested for DWI. Refusing the test will result in automatic driver's license suspension. For a first refusal, your license can be suspended for 180 days; with a prior DWI conviction or refusal, suspension can last up to two years.
In Austin, law enforcement often seeks blood draw warrants from on-call judges if a driver refuses testing during “No Refusal” periods. These targeted weekends happen frequently each year and enable officers to obtain authorized blood tests quickly—whether or not a driver agrees. These procedures can significantly affect second or multiple DWI arrests.
Your refusal also may be used as evidence against you in your criminal DWI case; prosecutors often argue it shows consciousness of guilt. Even if you refuse, officers can seek a court order for a blood draw, particularly if your record shows two or more prior DWI convictions, an accident caused injury or death, a minor was in your vehicle, or you have a prior conviction for intoxicated assault or manslaughter.
Frequently Asked Questions
How does an ignition interlock device requirement impact my daily life in Austin?
You must install an ignition interlock device on any vehicle you drive if the court requires it. The device prevents your car from starting if it detects alcohol on your breath. This supervision can affect your commute and routines, but it meets court rules and can help you regain or keep limited driving privileges.
Can I travel outside Texas if I am facing a multiple DWI charge?
The court may limit your ability to travel outside Texas while your case is pending, especially for multiple DWI offenses. If you need to travel, consult your legal counsel to review your bond conditions and follow all court orders.
Does Austin have programs for repeat DWI offenders?
Travis County DWI Court operates a supervised program for people facing repeat DWI charges. In this court, participants complete monitored treatment and regular check-ins to help reduce the risk of further offenses.
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The defenses available in your case will depend on the circumstances of your arrest, the evidence officers gathered, and whether the process respected your constitutional rights. Our lawyers leave no stone unturned and examine every detail to challenge the prosecution’s case from every angle.
For those facing a second or multiple DWI charge in Austin, local prosecutors often pursue harsher penalties and may offer less flexibility in plea discussions. In Travis County, DWI cases sometimes go through specialized dockets or repeat offender programs. We track these local trends so you know what to expect during your legal process.
Here are some strategies we may explore:
Challenging the traffic stop's legality. Officers must have "reasonable suspicion" to stop your vehicle. If a stop occurs without a valid reason, any evidence—like observed intoxication or chemical tests—could be inadmissible in court. We review police reports and video to see if authorities followed the law.
Disputing field sobriety test results. Field sobriety tests are subjective and prone to mistakes. Uneven ground, poor lighting, weather, health conditions, age, weight, or nerves can all cause errors. We analyze how these tests were given and how officers judged your performance.
Challenging breathalyzer test results. Breathalyzers sometimes produce incorrect readings. The device might not be properly calibrated or maintained, officers could miss steps like the 15-minute observation period, or medical factors—such as acid reflux, diabetes, or dental work—may interfere with results.
Challenging blood test results. Blood draws can be mishandled. Mistakes include improper collection, sample contamination, storage problems, or lab errors. Courts can also review whether a warrant was issued correctly before a blood draw.
Rising blood alcohol concentration (BAC). Your BAC may measure over the legal limit (0.08%) when tested, but it could have been lower while you drove. Alcohol takes time to absorb into the body, so drinking just before driving may raise your BAC during a delay after the stop, not while behind the wheel.
Other violations of your rights. We review the entire arrest for constitutional issues, such as failure to read your Miranda rights, prolonged detention without reasonable cause, or officer misconduct. If the police broke the law, the court may suppress evidence.
Multiple DWI charges add more legal challenges. Travis County often requires repeat offenders to attend intervention programs or install ignition interlock devices. At Lance Kennedy Law, we prepare you for these possible obligations so you know what to expect if the court sets extra probation or bond conditions. Understanding each legal step in Austin’s courts gives you clarity and helps you plan confidently.
Whether this is your second, third, or fourth DWI, we can provide no-judgment support. Call (737) 324-7540 or contact us online to schedule your free case evaluation.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Choosing the right criminal defense attorney in Austin is an important decision. At Lance Kennedy Law, our criminal defense attorneys understand the weight of this choice and the trust you place in your legal representative. Our promise to you goes beyond just words, it’s a tangible commitment to excellence, transparency, and relentless advocacy as we navigate your case together.
