2nd DWI in Texas: Penalties and The Possibilities of Jail Time

2nd DWI In Texas: Penalties And The Possibilities Of Jail Time

If you’re facing charges for a 2nd DWI in Texas, it’s important to understand that the consequences will be different than they were on your first DWI. Though Texas law is a bit more forgiving to first-time offenders, this is not the case for repeat offenders on their 2nd or 3rd DWI.

Trusted Laredo DWI attorney Javier Guzman of Guzman Law Firm will be answering questions about a 2nd DWI in Texas, including “what happens when you get a second DWI?” and “is jail time mandatory for 2nd DWI in Texas?” to help you better understand the consequences you could be facing with a repeat DWI charge.

What happens when you get a second DWI?

Penalties for a 2nd DWI in Texas

Here are the penalties you could face with a 2nd DWI in Texas conviction.


Is a DWI a felony in Texas? A 2nd DWI is typically charged as a Class A Misdemeanor, but depending on the specifics of your case, that misdemeanor could turn into a felony charge. Aggravating factors that can turn a misdemeanor into a felony include a blood alcohol content (BAC) level greater than .15, death of another party (intoxication manslaughter), or serious injury of another party (intoxication assault).


If you are convicted of a 2nd DWI in Texas, you will likely face some of the following punishments:

  • Mandatory completion of an alcohol and/or drug education course
  • Up to two years of probation 
  • Installation of an ignition interlock device (IID) in your vehicle for two years
  • Driver’s license suspension for as long as two years

After your arrest, you only have 15 days to request an Administrative License Revocation (ALR) hearing to save your driver’s license. If you miss this date, your license will be suspended 40 days after the arrest occurred. Not having a driver’s license can throw your entire life off-track, so do not forget to request a hearing.

Is jail time mandatory for 2nd DWI in Texas?

Yes. If you are convicted of your second DWI offense, Texas law requires a 3-day jail sentence even if probation is granted. The possible jail sentence range is anywhere from one month to one year for a second DWI, which is double the maximum sentence for a first DWI conviction. And that’s not all. If your 2nd DWI is charged as a felony, you will face life-altering consequences that will impact your reputation, livelihood, immigration status, and overall quality of life. This is why relentless representation is so important –– you need an attorney who will fight for your freedom to ensure you are not convicted of a 2nd DWI. 

Here is the harsh reality surrounding 2nd DWI convictions: if you’re convicted of a 2nd DWI in Texas, that conviction becomes permanent. In the state of Texas, second-time offenders cannot have their DWI deferred or have their record sealed. This conviction will follow you forever, affecting almost every aspect of your life unless you find a top-notch attorney to represent you.

If you do not want to face the harsh penalties of a 2nd DWI, hire trustworthy Laredo criminal defense lawyer Javier Guzman of Guzman Law Firm to stand in your corner. With his help, you stand a chance against this charge.

Facing a 2nd DWI in Texas? Javier Guzman Will Fight For You.

When it comes to battling a 2nd DWI in Texas, only an experienced and aggressive attorney can help you achieve a favorable outcome. You cannot face this charge alone. You deserve relentless representation. You deserve a highly skilled DWI lawyer in Laredo, TX, like Javier Guzman of Guzman Law Firm, to handle your case.

Javier Guzman is a Forensic Lawyer-Scientist, the highest form of scientific recognition available for lawyers as designated by the Chemistry and Law Division of the American Chemical Society. He is the only DWI defense attorney to have this designation in Laredo, uniquely qualifying him to examine the scientific elements of a DWI case to build a stronger defense for you. 

Javier Guzman will fight for you. Schedule a consultation with Guzman Law Firm or call 956-333-3977 today.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.