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 tends to take a much harsher stance on repeat instances of intoxicated driving. With each subsequent charge, the potential penalties escalate dramatically, including longer jail or prison sentences and higher fines. You are no doubt worried that these consequences will derail your future.
Do not give up. You are innocent until proven guilty, and our team at Lance Kennedy Law can provide aggressive, solutions-driven representation. We recognize what is at stake and understand how to effectively protect your rights when facing a second or subsequent DWI charge.
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 understands how to effectively navigate these cases. This experience helps us anticipate how the prosecution will likely build their case against you and gives us the opportunity to build a strong defense that counters their strategies. You can expect fierce advocacy in and out of the courtroom as well as clear communication and direct attorney access throughout each stage of the legal process.
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
There’s no getting around it – when you have a DWI conviction on your criminal record, any additional DWI charge will come with more severe potential punishments, even if it’s charged as a misdemeanor. If you are charged with a third or subsequent DWI (or DWI with a minor under the age of 15 in the vehicle), you will likely face felony charges.
Potential consequences of a second DWI offense in Texas, which is usually classified as a Class A misdemeanor, include:
Up to a 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, again, will likely be charged as a felony – include:
Up to ten years of prison time (two-year minimum sentence)
Up to $10,000 in fines
Driver’s license suspension of up to two years
The consequences do not stop there, however. For a second or subsequent offense, you will likely have to pay an annual surcharge fee of up to $2,000 for up to three years to keep your driver’s license once it’s reinstated. You will also likely be required to install an ignition interlock device (IID) in any vehicle you drive. Any criminal record will make it more difficult to obtain housing, employment, and other opportunities.
Our attorneys understand the immense stress and fear that comes with the possibility of lengthy incarceration and other consequences that come with a second or subsequent DWI conviction. When you choose our team at Lance Kennedy Law to represent you during this difficult time, we are dedicated to building a strong defense and carefully investigating every detail of your case to challenge the prosecution's evidence and protect your rights and future.
Can I Refuse a BAC Test During a Traffic Stop in Texas If I Have Previously Been Convicted of DWI?
In Texas, if you are pulled over and suspected of DWI, you can generally refuse a blood alcohol concentration (BAC) breath or blood test. However, it's crucial to understand that there are significant immediate and long-term consequences for doing so, especially if you have a prior DWI conviction.
Texas operates under an "implied consent" law, meaning that by driving on the state's roads, you have essentially consented to submit to a breath or blood test if lawfully arrested for DWI. Your refusal will result in an automatic driver's license. For a first refusal, your license will be suspended for 180 days, but if you have a prior DWI conviction or a previous refusal, that suspension increases to up to two years.
Additionally, your refusal can be used as evidence against you in your criminal DWI case, with prosecutors often arguing it indicates a consciousness of guilt. It's also important to note that even if you refuse, law enforcement can often seek a search warrant to compel a blood draw, including in if there was an accident involving injury or death, if a minor under the age of 15 is in your vehicle, if you already have two or more previous DWI convictions, or if you have a prior intoxicated assault or intoxicated manslaughter conviction.
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The defenses available in your case will depend on the circumstances of your arrest, the evidence gathered by law enforcement, and whether your constitutional rights were upheld throughout the process. Our lawyers leave no stone unturned when developing your defense, and we are ready to examine every detail so that we can challenge the prosecution’s case from every angle.
Here are some strategies we may explore:
Challenging the traffic stop's legality. An officer must have "reasonable suspicion" to pull you over. If the traffic stop was initiated without a valid legal reason, any evidence obtained afterward, including observations of intoxication and chemical test results, may be deemed inadmissible in court. We can scrutinize police reports and video footage to determine if your Fourth Amendment rights were violated.
Disputing field sobriety test results. Field sobriety tests are highly subjective and susceptible to error. Factors like uneven ground, poor lighting, bad weather, medical conditions (like back injuries, inner ear issues, or neurological disorders), age, weight, or even nervousness can affect a person's performance and lead to a false indication of impairment. We may be able to challenge the officer's administration of these tests and the interpretation of your performance.
Challenging breathalyzer test results. Breathalyzer devices are not perfect and can produce inaccurate readings in some circumstances. Defenses may include arguments that the machine was not properly calibrated or maintained, that the officer failed to follow the required 15-minute observation period, or that physiological factors (such as acid reflux, diabetes, or mouth alcohol from recent drinking or dental work) skewed the results.
Challenging blood test results. Blood tests can also be challenged in some cases. Issues can arise from improper blood draw procedures, contamination of the sample, improper storage or transportation, or errors in lab analysis. The legality of the blood draw itself, especially if a warrant was used, can also be a point of challenge.
Rising blood alcohol concentration (BAC). Depending on the specifics of what happened, we may be able to argue that, while your BAC may have been at or above the legal limit (0.08%) when the test was administered, it was actually below the legal limit at the time you were driving. This defense hinges on the scientific fact that it takes time for alcohol to be fully absorbed into the bloodstream. If you consumed alcohol shortly before driving and were then pulled over, there might be a significant delay between the traffic stop and the administration of a breath or blood test. During this delay, the BAC could continue to rise, resulting in a test reading that inaccurately reflects the driver's BAC at the crucial period in which you were driving.
Other violations of your rights. We can review the entire arrest process for any other violations of your constitutional rights. This can include failure to read your Miranda rights before custodial interrogation, prolonged detention without additional reasonable suspicion, or police misconduct. Any evidence obtained through such violations may be suppressed, which could significantly impact the prosecution's case.
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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