Getting arrested for DWI when you already have one prior intoxication-related conviction can make the new charge more serious in Texas. A second DWI in Austin is usually charged as a Class A misdemeanor with harsher jail, fine, and license consequences.
Michael & Associates handles Austin and Travis County DWI cases and deals with both the criminal case and the separate driver's license case. For a broader overview of Austin DWI charges and defense options, see the firm's Austin DWI page.
Texas Second DWI Defense Lawyer
If you (or someone you know) has been arrested for a second DWI in Austin or elsewhere in Travis County, Michael & Associates can help.
Every DWI is different and needs a customized review. Our experienced Austin DWI lawyers will review your case and map out a detailed strategy to help protect your rights and optimize your chances of getting the best possible outcome for your case.
We handle cases in Austin, Travis County, and the surrounding areas, including Georgetown, Leander, Round Rock, and Pflugerville.
Contact us today for a free case review.
What Counts as a Second DWI in Austin?
Under Texas Penal Code §49.09, a DWI can be treated as a second offense if you have a prior conviction for DWI or another qualifying intoxication offense, including qualifying intoxication offenses involving motor vehicles and, in some cases, aircraft, watercraft, or amusement rides.
Prior offenses can include the following, among other offenses listed in the statute:
- DWI
- Intoxication assault
- Intoxication manslaughter
- Boating while intoxicated
- Operating an amusement ride while intoxicated
- DWI with a child passenger
What are the Texas Drinking and Driving Laws?
Texas uses DWI (driving while intoxicated) for most adult drunk-driving cases. By operating a motor vehicle in a public place while intoxicated, a person commits DWI under Texas Penal Code §49.04.
Texas Penal Code §49.01 defines 'intoxicated' as either not having the normal use of mental or physical faculties because of alcohol or drugs, or having a blood alcohol concentration (BAC) of 0.08 or more.
Important: Prosecutors can also try to prove intoxication through driving behavior, body-cam video, field sobriety testing, and officer observations, even when the BAC evidence is disputed.
Penalties for a Second DWI in Austin
A second DWI in Austin is typically charged as a Class A misdemeanor, although certain aggravating factors (such as prior felony intoxication offenses) can increase the charge. It can carry the following penalties:
- Jail: 30 days to 1 year, if convicted
- Fines: Up to $4,000
- Driver's license: Can be suspended for 180 days to 2 years upon conviction (this is separate from any Administrative License Revocation (ALR) suspension that may apply earlier)
- Ignition interlock: Often part of repeat-DWI cases on bond, probation, or court-ordered limited driving
- Repeat-offender education: May have to complete a state-approved DWI intervention program, which is at least 30 hours
Is Jail Time Mandatory for a Second DWI in Texas?
Texas law sets a 30-day minimum jail term for a second DWI conviction, so a second offense carries more real jail risk than a first DWI.
Still, that doesn't mean every second DWI case ends with a long jail stay.
The Texas Department of Public Safety's 2024 Q3 DWI Recidivism Report also shows that repeat DWI arrests are not rare. Of the 22,023 individuals arrested for DWI during that quarter, 6,723 had been previously arrested for DWI. That's a repeat offense rate of 30.53%.
Fines for a Second DWI in Austin
Here are some of the fines and fees associated with a second DWI in Austin:
|
Item |
What it may include |
|
Criminal fine |
The base fine for a second DWI is up to $4,000. TxDOT also says DWI fines can be accompanied by a separate state fine assessed at sentencing. |
|
Bond/bail |
This varies by case and bond type, but it is often the first major out-of-pocket cost after arrest and booking. |
|
SR-22 insurance |
DPS says SR-22 proof of financial responsibility may have to be maintained for 2 years in alcohol-related cases, which can raise insurance costs. |
|
License reinstatement fee |
DPS lists a $100 reinstatement fee for alcohol-related enforcement actions. |
|
Ignition interlock |
Texas law authorizes ignition interlock in many repeat-DWI bond and probation situations, and the driver usually pays the installation and monitoring costs. |
|
Repeat-offender class |
A repeat offender may be ordered to complete a state-approved DWI intervention program, which is at least 30 hours. |
|
Towing/impound |
Depends on where the vehicle was taken and how long it stayed there |
|
Insurance increase |
A DWI conviction can raise your car insurance costs, but the exact increase depends on the driver, the insurer, and the policy. |
Important: A DWI lawyer may be able to ask the court to reduce the bail amount or change bond conditions, depending on the facts of the case and the court's decision.
License Suspension and the 15-Day ALR Deadline
The driver's license case is separate from the criminal DWI case. DPS can seek suspension of your license through the Administrative License Revocation (ALR) process if you fail or refuse a DWI breath/blood test.
When lawfully arrested for DWI, individuals are deemed to have consented to breath or blood testing under the implied consent law (Texas Transportation Code §724).
If you receive a notice of suspension after a DWI arrest, you generally have 15 days from the date you are served with the notice of suspension to request an ALR hearing.
This matters a lot in Austin because losing your license can affect work and day-to-day life before the criminal case is even resolved. Missing the ALR deadline can hurt you long before you ever get to a final plea or trial.
Under Texas Transportation Code Chapter 521, some drivers may be eligible for an occupational driver's license, which is a court-ordered restricted license that may allow you to drive to work, school, or essential household duties.
What Happens After a Second DWI Arrest in Austin?
Most second DWI cases in Austin start the same way: arrest, booking, a hearing before a magistrate about bond, release, and paperwork tied to the ALR process. After that comes the first court setting, evidence review, and the usual track of motions, negotiations, or trial prep.
Travis County handles second DWI misdemeanor cases in its Criminal County Courts at Law, which are located at the Blackwell-Thurman Criminal Justice Center in downtown Austin.
Some repeat DWI offenders may qualify for Travis County's DWI Court Program. However, eligibility and current program rules should be confirmed with the court or counsel because local requirements can change.
See Related: What Happens on a Second DWI in Texas?
Can a Second DWI in Austin Be Reduced, Dismissed, or Resolved Without Jail?
A second DWI can still be challenged. While the prior case raises the risk and the penalties, it does not lower the State's burden of proof in the new case.
The defense can challenge:
- The legality of the stop
- Whether the officer had probable cause
- Whether the field sobriety tests were done and interpreted correctly
- The reliability of the breath or blood evidence
- Whether the timing of drinking and testing matters
- Whether the officer's observations really prove intoxication at the time of driving
How Can a Second DWI Affect a Person's Life?
A second DWI conviction can affect far more than the sentence on paper. It can leave you with a lasting criminal record, license trouble, higher insurance, employment problems, and much less room for error if you are ever arrested again.
Texas law treats second DWI charges more harshly, and local and national crash data help explain why these cases are taken seriously.
According to TxDOT’s 2024 crash data, Travis County had 1,182 alcohol-related crashes, including 34 fatal crashes and 42 fatalities, while the City of Austin had 916 alcohol-related crashes, including 19 fatal crashes and 21 fatalities.
According to the National Highway Traffic Safety Administration (NHTSA), around 32 people die every day due to drunk-driving crashes. Every year, from 2015 to 2024, more than 11,500 people died in drunk-driving accidents.
Can a Second DWI in Austin Be Expunged in Texas?
Usually, no, if you were convicted. Expunction is generally for cases that end without a conviction, such as some dismissals or acquittals, while Texas nondisclosure relief for DWI cases is limited and comes with strict eligibility rules.
For a true second DWI conviction, the problem is bigger because the Texas nondisclosure law for DWI cases is tied to people who do not already have prior convictions other than fine-only traffic tickets. In plain English, if this really is your second DWI conviction, it is usually not the kind of case that later gets wiped away or sealed from public view.
Helpful DWI Resources
- Ignition Interlock Devices (IID): Understand when an IID is required by law, as well as how this device actually works.
- Texas DPS ALR Hearing Request Form: Use this form to request an official hearing to fight an ALR license suspension.
- TDLR Drug and Alcohol Education Programs: State-approved DWI classes and other court-ordered alcohol or drug courses can be found here.
Charged With a Second DWI in Austin? Michael & Associates Can Help
Michael & Associates Austin DWI team starts by looking at the license issue fast, including the ALR hearing and, when applicable, an occupational driver's license. Depending on the case, we can seek to reduce the bail amount or ask the court to modify bond conditions. Then, we'll dig into the evidence, including reports, video, testing, and details of the stop.
Contact us for a free case review of your second DWI case in Austin.
