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, 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 second offense DWI lawyer to represent you against these charges. Your arrest doesn’t have to result in a conviction.
Blass Lawhas 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 DWIsto fight your case.
What Is 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 second offense DWI. This offense is a Class-A misdemeanor in Houston and punished more severely than a first conviction. 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.
For a legal consultation with a second offense dwi lawyer serving Houston, call 713-225-1900
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 second offense DWI lawyer 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, 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 means 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 DWI Lawyers Hold:
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 achieved the following certifications:
- ACS-CHAL Forensic Lawyer-Scientist
- Forensic chromatography for drugs and alcohol.
- Practitioner and instructor in Standardized Field Sobriety Testing
- Training in Forensic Drug Analysis
- Founding Member, DUI Defense Lawyers Association
- Drug Recognition Expert (DRE)
DWI Attorneys 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.
Houston Second Offense DWI Attorney 713-225-1900
Potential Defenses Against Second Offense DWI
Attorney Jay Blass Cohen’s qualifications as a lawyer-scientist make him uniquely equipped to fight a second offense DWI charge in Houston. Your blood alcohol concentration (BAC) 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.
Probable cause is another area 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.
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 we can reach an amenable settlement that allows you to maintain your freedom and reputation, we will certainly make you aware of that option.
Your Second Offense DWI Lawyer Will Defend Your License
DWI cases often involve two separate trials. There is the criminal trial, where a jury will determine your guilt or innocence on the criminal charges. However, there is also the Administrative License Revocation (ALR) process, where the Texas Department of Public Safety (DPS) tries to suspend your driver’s license simply for being arrested for DWI.
If you’ve been arrested a second time, the DPS will likely take an aggressive stand against you keeping your driver’s license. In fact, they will notify you in writing of their intent to suspend your license shortly after your arrest. If you don’t specifically request an ALR hearing, the DPS will suspend your license no matter what the outcome of your trial is.
Here at Blass Law, we will fight for your freedom in court and for your driving privileges at the ALR hearing. We will be sure to respond to the DPS to fight to prevent them from suspending your license and we can represent you at the ALR hearing.
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Talk to a Houston Second Offense DWI Attorney
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. When the outcome is this important, it matters who you choose for your attorney.
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.