How To Get 2nd DWI Charge Reduced in Texas? 2025

Each state varies when it comes to laws involving driving while intoxicated (DWI). Penalties could involve fines, loss of driving privileges, and jail time. If you have already had a DWI charge and are now faced with a second accusation, it is important to know your legal rights. You may be wondering, “How to get a 2nd DWI charge reduced in Texas?”

Since the legal system enforces various penalties for DWI incidences, there are many aspects to consider for each case. To have your 2nd DWI charge reduced, you need a strong defense. It is crucial to seek help from an experienced DWI defense lawyer who can negotiate a plea deal with the prosecution to minimize sentencing.

Consequences of a Second DWI Charge in Texas

The 1st and 2nd DWI offenses in Texas are considered Class A misdemeanors. However, penalties for your 2nd DWI offense could be much more severe than for the first count.

Possible DWI penalties include:

• Fines: Fines could total up to $4,000.
• Jail Time: You must serve a minimum of three days in a county jail after a DWI offense, but sentencing might require you to serve up to one year.
• License Suspension: You could lose your license for several months up to two years.
• Probation: If you are put on probation, you will be required to communicate regularly with an assigned probation officer. This sentence could also come with community service, counseling and rehabilitation programs, and random drug and alcohol testing.
• Ignition Interlock Device: This small device is installed into your vehicle and requires that you provide a breath sample before it will start. The device could detect alcohol on your breath for up to 12-24 hours after you drink.
• Alcohol Education Programs: Prosecution may require you to participate in an alcohol education course for an established period of time.

DWI charges vary in circumstance and accompanying penalties. However, these charges remain part of your public record and could impact your life in many ways for years to come.

Steps to Take to Reduce Your Second DWI Charge in Texas

When you are charged with your 2nd DWI offense, you have some options for how to get your 2nd DWI offense reduced in Texas. Consider the following steps you can take to mitigate sentencing.

• Hire a skilled DWI defense attorney. An experienced DWI lawyer can walk you through the process of fighting your DWI charge. They can work with you to gather evidence for your case and negotiate with the prosecution to establish a plea deal that works for all parties.
• Consider a plea bargain. If you are willing to plead guilty to a lighter charge, the prosecutor might reduce the sentencing for the 2nd DWI charge. You can strengthen your plea bargain by demonstrating a strong driving record, proving a lack of sufficient evidence against you, and displaying remorse for your actions.
• Request dismissal. Your DWI defense lawyer could petition the court to dismiss the case, though this is unlikely. You would need strong proof that your rights were violated and the arresting officer did not have enough evidence to convict you.
• Fight the charge in court. If you believe you have strong evidence in your favor, your DWI defense lawyer can help you gather the proof you need to present in court.

As the defendant, you have rights in the court of law. A dedicated DWI defense attorney can help you build a strong defense strategy and alleviate some of the heavy consequences associated with a 2nd DWI charge.

FAQs

Can a 2nd DWI Be Reduced in Texas?

Receiving a 2nd DWI charge comes with more severe consequences, such as higher fines and longer license suspension. You might even face jail time. However, it is possible to get your 2nd DWI charge reduced in Texas. The most common way to reduce your charge is for your defense attorney to get the prosecutor to agree to lower the charge. Pleading guilty to the new charge and fulfilling the conditions of the charge can lead to a lighter sentence.

What Is the Average Sentence for a 2nd DWI in Texas?

A 2^nd DWI charge in Texas comes with more significant consequences. You could be facing county jail time for thirty days and up to one year. Fines could be enforced for up to $4,000, and you will lose your license for several months up to two years. In some cases, you might be required to participate in community service or a rehabilitation program.

How Do I Get My DWI Dismissed in Texas?

Your DWI defense lawyer might be able to get your DWI charge dismissed if they can present enough evidence in your favor. For example, your lawyer might be able to challenge the accuracy of the sobriety tests or prove that your rights were violated at the time of arrest. A DWI defense lawyer studies your case to seek potential weak points that could be used in your defense before the prosecution.

How Many Times Can You Get a DWI in Texas?

After two misdemeanor DWI offenses, a third charge will result in a felony, regardless of how much time has passed between the convictions. A third DWI charge comes with a minimum of two years in prison. Fines can increase up to $10,000, and you could lose your license for up to two years. A felony charge on your public record could affect your ability to find future work or apply for a home or apartment.

Faced with a Second DWI Charge in Texas? Let Us Help.

DWI cases in Texas can be complex, so it’s important to have a DWI defense attorney on your side who has an in-depth knowledge of the legal system. The right defense lawyer can make a plea bargain on your behalf and present a strong case in your defense to the prosecution.

If you are wondering how to get a 2nd DWI charge reduced in Texas, don’t wait to contact a DWI defense lawyer for a free consultation to discuss your case. The experienced team at the Law Office of Joseph Ruiz, PLLC, is here to help.