Police and prosecutors in Houston cooperate to take a strong stand against driving while intoxicated (DWI) offenses. The penalties for a first DWI are serious and life-changing, but a second offense could result in a longer jail term, higher fines, and severe damage to your reputation.
These are both reasons why you should strongly consider getting a Houston DWI lawyer to represent you against these charges. Your arrest doesn’t have to result in a conviction.
Blass Law has been helping Houston citizens fight DWI charges since 2009. We pride ourselves on offering our clients the strongest defense possible against DWI charges.
Regardless of your previous record or how strong the state says its case is, you have the right to fight the charges against you. However, we offer you more than just a lawyer. With us, you get an attorney certified in the science of DWIs to fight your case.
See what a Houston second-offense DWI lawyer can do for you today.
What Is a Second-Offense DWI?
If you are arrested for DWI and have a previous conviction (it doesn’t matter how long ago), you can be charged with a second DWI offense. This offense is typically a Class A misdemeanor in Houston and is punished more severely than a first conviction, which is typically a Class B misdemeanor.
According to your Houston criminal defense lawyer, if convicted of a second-offense DWI, you face the following punishments:
- A minimum term of 30 days in jail, up to a maximum of one year
- A fine of up to $4,000
- The suspension of your driver’s license
You will also be required to install an ignition interlock device (at your expense) on every car that you own or operate. That penalty would be in addition to increased insurance costs and having your criminal record reflect that you are a repeat offender. It is very unlikely you would be able to carry on any career involving driving; you definitely cannot keep a commercial driver’s license.
You will likely also face other consequences. You may lose custody or visitation rights and could also be kicked out of school if they determine you violated the school’s code of conduct.
Some Cases Can Lead to Enhanced Penalties
You could face more severe penalties for a second DWI offense if certain circumstances apply. This could include the following:
A child in the car with you at the time of your arrest: If you had a child under 15 in your vehicle at the time you were pulled over, you face a state jail felony charge. You could end up behind bars for at least six months and up to two years.
A crash that resulted in fatal injuries: If you caused a fatal accident while intoxicated, you face second-degree felony charges. A second-degree felony means the potential for two to 20 years in prison, a $10,000 fine, and a license suspension lasting up to two years.
If the victim of the accident was an EMT or firefighter, you face first-degree felony charges.
A first-degree felony conviction could leave you behind bars for at least five years and up to 99 years. You will also face up to $10,000 in fines and a license suspension that could last up to two years.
If you were previously convicted of an enhanced offense, you also face enhanced charges.
How Does Texas Define Driving While Intoxicated?
Per Texas Penal Code § 49.04, a person has committed the crime of DWI if they:
- Were driving a car in a public place
- Had a blood alcohol concentration (BAC) of 0.08 or higher or did not have “normal use of mental or physical faculties” due to alcohol, drugs, or both
It’s important to note that you can also be arrested for DWI even if you weren’t actually driving. For example, if you realized you were drunk and decided to sleep in your car, you could still be arrested if your keys were in the ignition.
How Can a Houston Second-Offense DWI Lawyer Help?
If you have a previous DWI conviction, it’s possible that both the judge and the prosecutor in your case will be looking to “send a message” if you’re convicted again.
They will also be less amenable to accepting a plea to lesser charges. Therefore, the most important thing a Houston second-offense DWI attorney can do for you is attack the state’s case and increase your chances for an acquittal or a case dismissal.
The basis of many Houston DWI cases is the evidence the police gathered during breath tests, blood tests, or roadside sobriety tests. All these tests must be performed according to strict procedures, and police do not always conform to those procedures.
Our firm’s founder, Houston criminal defense attorney Jay Blass Cohen, has a scientific background that makes him uniquely equipped to challenge the forensic evidence in DWI cases.
Attorney Cohen’s certification as a lawyer-scientist and experience with sobriety testing mean he can identify procedural violations or improperly conducted tests.
This may result in the judge preventing the prosecution from entering important evidence or the police being forced to admit in open court that they made errors in your arrest. This can help establish doubt in the mind of a jury or cause the state to dismiss your case for lack of evidence.
Certifications Our Houston Second-Offense DWI Lawyer Holds:
Attorney Jay Blass Cohen has dedicated his career to helping criminal defendants get the quality representation they deserve. As part of his mission to offer you the most effective DWI defense, Jay has obtained the following certifications:
- ACS-CHAL Forensic Lawyer-Scientist
- Trained in forensic chromatography for drugs and alcohol
- Certified practitioner and instructor of Standardized Field Sobriety Testing
- Training in Forensic Drug Analysis
- Founding Member, DUI Defense Lawyers Association
- Drug Recognition Expert (DRE)
He uses these certifications to approach each DWI case he handles in a unique way.
DWI Attorney With a History of Winning Cases
Every DWI case is different, and no one can guarantee an outcome. However, having a second-offense DWI lawyer who has won cases in Houston and Harris County means you have an attorney who is a proven winner.
Blass Law certainly meets this qualification. Our experience fighting and winning second-offense DWI cases can be a valuable advantage to you, and when your freedom is on the line, every advantage counts.
We have successfully handled many second-offense drunk driving cases. Here are a few of the results we obtained:
- A lawyer was arrested and charged with a second DWI offense after being pulled over for driving with one headlight. Our client admitted they had been drinking and refused field sobriety tests. We took the case to a jury trial and got a “not guilty” verdict.
- Law enforcement pulled over our client for failure to maintain their lane of traffic. They blew a .201 blood alcohol concentration and had a gun in the vehicle. They were facing charges of a second-offense DWI and resisting arrest. We got the charges dismissed.
- Our client was facing charges of a second-offense DWI and possession of a controlled substance. Law enforcement pulled our client over for driving on the light rail tracks. While our client blew a .12 BAC, we got the charges dismissed in the middle of the trial.
- Our client was facing a second DWI charge after a rear-end collision on the feeder road. They blew a .164 BAC and failed all field sobriety tests. We got the charge reduced to a first–offense DWI.
Potential Defenses Your Houston Second-Offense DWI Attorney May Use
The defense Jay and the Blass Law team use in your case depends on the specifics of your arrest and charges, but could include one or more of the following.
Faulty Breathalyzer Results
Attorney Jay Blass Cohen’s certifications and qualifications as a lawyer-scientist make him uniquely equipped to fight a second-offense DWI charge in Houston.
Your blood alcohol concentration is one of the most important pieces of evidence the authorities will use against you at trial. With that said, police officers have been known to make mistakes in administering both road sobriety and breathalyzer tests.
In other cases, the equipment they use to conduct these tests is not properly maintained. A lawyer who lacks the certifications that Attorney Jay Blass Cohen holds in forensics, sobriety testing, and chemical analysis may miss these errors.
However, we will be able to identify and isolate those errors if they exist. It may result in the exclusion of the scientific evidence, which could leave the prosecution’s case too weak to continue.
Jay may also be able to establish that you failed a Breathalyzer due to another cause. For example, the Keto diet causes something called “ketosis,” where your body burns fat instead of glucose.
This metabolic process can lead to a false positive Breathalyzer test. He previously represented a client who blew a false positive while in ketosis. According to the interview he gave Men’s Health, he was able to establish this and get the charges dropped.
Lack of Probable Cause or Reasonable Suspicion
Reasonable suspicion and probable cause are other areas where we may be able to attack the state’s case. Police must have reason to stop your vehicle in the first place.
They must also have probable cause to suspect you were under the influence. If we can show that you were stopped with insufficient cause or that the arresting officer’s belief that you were intoxicated was not reasonable, we might be able to get your case dismissed.
In other cases, your second-offense DWI attorney in Houston may be able to get your charges reduced to reckless driving or a first-offense DWI.
Your Attorney Can Seek Conviction Alternatives
We will always fight for an acquittal or case dismissal in a second-offense DWI case. If we’re able to isolate police procedural violations or faulty equipment as weaknesses in the state’s case, it increases your chances of building reasonable doubt in the minds of the jury. However, another option we will explore is conviction alternatives and negotiation with the prosecution.
In many cases, prosecutors are aware of the weaknesses in their evidence, and this may motivate them to work with us on an alternative outcome.
If your second DWI lawyer in Houston can reach an amenable settlement that allows you to maintain your freedom and reputation, we will certainly make you aware of that option.
Probation for a Second-Offense DWI
Probation for a second drunk driving offense is possible. The terms depend on the specifics of your case, but could include:
- Refraining from drinking alcohol
- Refraining from doing drugs
- Mandatory attendance at an alcohol class
- Mandatory inpatient or outpatient rehabilitation or counseling at an addiction treatment center
- Monthly meetings with your probation officer
- Not leaving the state without checking with your probation officer
- Avoiding your drinking buddies
- Community service
- Driving restrictions
- Refraining from entering bars or liquor stores
Under Texas law, probation (also called community supervision) for a misdemeanor DWI can last a maximum of two years. If you violate your DWI probation, the judge could extend your probation past the two years.
Get Help from a Houston Second-Offense DWI Lawyer
Every DWI case is serious, but a second-offense DWI conviction raises the stakes. The conviction comes with increased penalties and even greater potential damage to your personal reputation.
You could lose friends and family or even custody of your kids if the court deems you unfit. When the outcome is this important, it matters who you choose for your second-offense DWI attorney in Houston.
You don’t want to leave your fate up to an attorney without the necessary experience to approach your case. We want to trust your case, reputation, future, and freedom to Jay.
If you’re not sure what your next move is, contact our office for a confidential case evaluation. We will advise you on potential ways to fight the charges and explain how we can help you.
We want to earn your trust and then give you the quality legal services you deserve. Call Blass Law today. Let us be the light at the end of the tunnel.