If you are pulled over and charged with Driving While Intoxicated (DWI) in Texas, the situation is already serious. But many drivers don’t realize that a DWI does not always stand alone.
Depending on the circumstances of the stop, additional charges — known as secondary offenses — can be added to the case, turning a single traffic stop into multiple criminal allegations. These secondary offenses can increase penalties, raise fines, lead to longer license suspensions, and even result in jail or prison time.
If you or a loved one has recently been arrested for DWI, even if it seemed like a minor situation at first, the consequences can escalate quickly. The Guzman Law Firm is here to help. Our team knows how to challenge evidence, question police procedure, and negotiate or litigate to protect your rights. Don’t try to handle a DWI with stacked charges on your own. Reach out to us today at (956) 516-7198 for a consultation and strong representation.
What is the difference between a primary and secondary offense?
A primary offense is an offense that allows a law enforcement officer to pull you over in the first place. Examples include speeding, running a red light, failing to signal, or driving erratically. If officers observe behavior that gives them legal grounds to initiate a traffic stop, they may investigate further during that stop.
A secondary offense, by contrast, is something that does not allow the officer to pull you over by itself, but can still be charged if discovered during the stop. These are often infractions that come to light after the officer has initiated contact, inspected the vehicle, or requested documentation.
Can a cop pull you over for a secondary offense?
By itself, no. Secondary offenses cannot serve as the legal basis to initiate a traffic stop. For example, in Texas, distracted driving is considered an offense that can be cited during a stop, but it must be observed in connection with another primary violation.
However, once the officer has legally stopped a driver (for suspected DWI, speeding, or any other primary offense), they are allowed to investigate and issue additional charges for any secondary violations they uncover.
This is how an initially routine stop can escalate into multiple citations or criminal charges, especially in cases involving suspected intoxication.
What are secondary offenses in Texas?
Secondary offenses can significantly increase the consequences of a DWI charge. In Texas, these fall into two primary categories: DWI-related secondary offenses and traffic-related secondary violations. Each comes with its own penalties and long-term implications.
DWI/criminal secondary offenses
| Secondary offense | Description | Texas penalties |
| Open Container Violation (During DWI) | Having an open alcoholic beverage inside the vehicle’s passenger area | Minimum 6 days in jail and up to $500 fine (on top of DWI penalties) |
| DWI with Child Passenger (Child Endangerment) | Driving intoxicated with a child under 15 in the vehicle | State Jail Felony — 180 days to 2 years in state jail and up to $10,000 fine, plus automatic license suspension |
| Second DWI | A repeat DWI offense, regardless of time between arrests | Class A Misdemeanor, 30 days to 1 year in jail, up to $4,000 fine, and up to 2-year license suspension |
| Third or Subsequent DWI | Third DWI is automatically a felony | 2 – 10 years in prison, up to $10,000 fine, long-term ignition interlock requirements, and extended license suspension |
| Resisting Arrest | Physical or verbal interference with officers during arrest | Class A Misdemeanor — up to 1 year in jail and $4,000 fine. If force is used: 3rd Degree Felony: 2 – 10 years in prison |
| Possession of Controlled Substances During Stop | Drugs found in the vehicle during the DWI investigation | Penalties vary based on substance, but can range from Class B Misdemeanor to Felony, including months to years in prison and thousands in fines |
These charges stack on top of your DWI — meaning your jail time, fines, driver’s license suspension, probation, ignition interlock orders, and court fees can multiply quickly.
Even a first-time DWI can turn into a felony case if a child is present, force is used, or narcotics are found — which is why representation is critical early in the process.
Secondary traffic offenses
These are violations that may be identified during the DWI stop and used to support the prosecution’s argument that the driver was impaired. For example, is texting while driving a secondary offense? Yes, and while many of these are not criminal, they still carry fines and may affect the case narrative.
| Secondary offense | Description | Penalties |
| Driving Without a Seatbelt | Applies to the driver and all passengers | Up to $200 fine per unrestrained person |
| Texting or Using Phone While Driving | Illegal while driving unless using hands-free | $25 – $99 fine first offense; $100 – $200 subsequent offenses; accident causing injury (Class A Misdemeanor) |
| Expired Registration or Inspection | Vehicle not legally current under state law | $75 – $200 fine depending on how overdue |
| Driving Without Insurance | No proof of valid liability insurance | $175 – $350 fine first offense, up to $1,000 for later violations and license suspension possible |
| Failure to Maintain a Single Lane (Weaving) | Used frequently as probable cause for DWI stops | $200 fine; can be used as evidence of impairment |
| Broken Headlights or Taillights | Equipment violations often used as basis for traffic stops | $25 – $200 fine; but more importantly, it justified the stop |
While these traffic violations may not seem severe, the officer or prosecutor may use them to argue impairment, distraction, or reckless conduct.
What not to say to a cop when pulled over for DWI
When interacting with law enforcement, your words matter. Many people accidentally incriminate themselves by trying to explain or talk their way out of the situation.
Here’s what you should not say:
- “I only had a few drinks.” This is essentially an admission of drinking and driving.
- “I’m fine to drive.” Officers can use this statement to argue that you were attempting to minimize impairment.
- “I wasn’t speeding” or arguing about the stop. Disputing the reason for the stop will not help and could escalate the situation.
- Anything aggressive, confrontational, or sarcastic. Resisting or verbally fighting can lead to additional charges like resisting arrest.
Instead, keep your answers short, polite, and neutral. Make sure to provide your license and insurance, but recognize you can decline to answer questions about alcohol consumption. You can also request to speak to your lawyer, or simply exercise your right to remain silent.
Why you need a Texas DWI lawyer to fight for your rights
When secondary offenses are stacked onto a DWI charge, the stakes become higher, as does the need for quality legal representation. An experienced Texas DWI lawyer can:
- Examine whether the stop was legal
- Challenge breath or blood test accuracy
- Review police reports for errors
- Negotiate with prosecutors
- Work to dismiss or reduce secondary charges
- Represent you in court if necessary
Prosecutors will often rely on intimidation and the overwhelming nature of the legal system to push defendants into pleading guilty. If you have multiple charges, you need a lawyer in your corner who knows how to push back.
DWI charges stacking up against you? Call Guzman Law Firm.
If you’re facing a DWI and additional secondary offenses, you are not alone — and your case is not hopeless. The sooner you get legal representation, the better your chances of reducing or defeating the charges.
The Guzman Law Firm is dedicated to protecting the rights of those accused of DWI in Texas. We understand the stress, uncertainty, and fear that come with an arrest, and we are ready to fight for you from day one.
Schedule a consultation or call us today at (956) 516-7198 to speak with a criminal defense lawyer who cares and who gets results.
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