That means any subsequent DWI could be enhanced to a DWI Second, which also increases the severity of consequences if you are successfully convicted of a Second Offense DWI. If you are facing a potential DWI Second conviction, consider calling a professional DWI attorney to help you better understand your case and potentially defend against the charges.
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Defending for a DWI Second Offense is difficult because the jury will know from the beginning that the driver has a prior DWI on their record. The information suggests to most juries that the defendant may have a habit or propensity towards Driving While Intoxicated.
This is escalated a step further for DWI Thirds, as two previous DWI convictions may suggest to a jury that the defendant is even further inclined to drive while intoxicated again. The issue with these cases is the immediate and direct bias generated by providing this information to the jury.
Due to the fact that these cases are so driven by bias, it’s even more important to aggressively fight DWI First charges.
DWI Second is a Class A misdemeanor which has a punishment range and fine of no more than $4,000 and/or a jail sentence from 30 days to 1 year. It is also possible to have your driver’s license suspended for a range of 180 days to 2 years.
$4,500 for a second or subsequent conviction within a 36-month period; and $6,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis
Additionally, if a jail sentence is probated, the consequences for DWI Second probation include a mandatory 3 days in the county jail if you have a prior conviction over 5 years old, or 5 days in the county jail if you have a conviction within 5 years.
As you can see, DWI Second Offense convictions can significantly impact your life depending on what combination of legal consequences you face. Working with a DWI attorney can help you navigate the complexities of your case, previous convictions, and any potential consequences.
Upon being convicted, there is an annual $1,500 to $2,000 surcharge fee every year for 3 years in order to retain your driver’s license.
If you are charged with a subsequent offense of DWI or a First Offense of Intoxication Assault or Intoxication Manslaughter, as a bond condition you are required to install a vehicle ignition interlock device on your car and will not be allowed to operate a motor vehicle that is not equipped with an interlock device.
The interlock device detects the presence of alcohol in your breath, limiting the car’s mobility if detection is positive. The court will also order the accused to abstain from alcohol use and the use of controlled substances without a prescription. The court may enforce this by ordering random drug testing.
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