If you’ve been arrested for a second DWI in Houston, you’re facing far more serious consequences than your first arrest. Texas law treats repeat DWI offenses harshly, with steeper penalties, mandatory jail time, and long-term consequences that can affect your freedom, job, and driving privileges.
Jose Ceja is a Board-Certified Criminal Defense Lawyer and former prosecutor who has received extensive training in all aspects of Driving While Intoxicated cases and is certified to administer Standardized Field Sobriety Tests (SFSTs). Mr. Ceja is recognized as a Texas Super Lawyer. Ceja Law Firm represents individuals charged with driving while intoxicated in Houston, Harris County, and surrounding areas.
Is a Second DWI a Felony in Texas? What Are the Penalties?
Under Texas Penal Code 49.09, a second DWI in Texas is typically a Class A misdemeanor, not a felony. However, the penalties are significantly harsher than for a first offense and include:
- Jail time of 30 days to 1 year
- Fines up to $4,000
- Driver’s license suspension from 180 days to 2 years
- Ignition interlock device required as a condition of bond and potentially probation
- Mandatory jail time of 3 to 5 days as a condition of probation (depending on the age of the prior)
In some situations—such as if someone was injured or a child passenger was involved—the charge may be enhanced to a felony. A third DWI is always a felony under Texas law.
What Happens After a Second DWI Arrest in Houston?
The process begins with arrest and booking, followed by:
- Bond and Release: Often with stricter conditions than a first offense
- Administrative License Revocation (ALR): You have only 15 days to request a hearing to challenge your license suspension
- Court Dates: Includes arraignment, pretrial hearings, and possibly trial
It is essential to begin working with a skilled DWI attorney immediately to protect your rights, challenge the evidence, and avoid the harshest penalties.
ALR Hearings for Second DWI Offenses
Texas DPS will attempt to suspend your driver’s license administratively if you refused or failed a breath or blood test. This is separate from the criminal case. The ALR process includes:
- Only 15 days from the date of arrest to request a hearing
- Hearings are held virtually
- DPS must prove the officer had legal grounds for the stop and arrest
- A win prevents suspension; a loss can result in up to 2 years of suspension for second-time offenders
Even if you lose the ALR hearing, an occupational license may be available to keep you driving legally. Visit our Administrative License Revocation page for more information.
Can a Second DWI Be Based on Drugs?
Yes. A second DWI can be based on drug intoxication, not just alcohol. This includes prescription medications, marijuana (THC), or even over-the-counter substances if they impair your ability to drive. Unlike alcohol, there is no legal limit for most drugs in Texas, which means prosecutors often rely on blood tests, Drug Recognition Experts (DREs), and officer observations to try to prove impairment. Ceja Law Firm has extensive training in toxicology and blood testing and regularly defends second-time DWI clients accused of driving under the influence of drugs. Visit our DWI drugs page for more information.
Bond Conditions for a Second DWI in Houston
Judges often impose stricter bond conditions on second-time DWI defendants. These may include a mandatory ignition interlock device, drug and alcohol testing, no alcohol consumption, and installation of a home alcohol monitoring system. Ceja Law Firm helps negotiate reasonable bond terms and ensures compliance to avoid revocation.
Common Defenses to a Second DWI in Texas
- Illegal Stop: The officer must have had reasonable suspicion to stop you
- Improper Field Sobriety Tests: Officers often deviate from NHTSA guidelines
- Unreliable Breath or Blood Results: Testing procedures or equipment may be flawed
- No Actual Operation: If there is no evidence you were driving or operating the vehicle
- Medical Conditions: Certain medical issues can mimic signs of intoxication
Because prosecutors treat second DWIs more aggressively, it’s vital to have a defense tailored to the specific facts and any weaknesses in the State’s case.
How a Second DWI Affects Expunction and Nondisclosure
A conviction for a second DWI in Texas cannot be expunged or sealed. However, if the case is dismissed or you are found not guilty, you may be eligible for an expunction. This makes it even more important to fight the charge and avoid a conviction.
Immigration Consequences of a Second DWI
If you are not a U.S. citizen, a second DWI arrest or conviction in Houston can have serious immigration consequences. These include:
- Inadmissibility for adjustment of status or reentry
- Loss of DACA, TPS, or other discretionary benefits
- Increased risk of deportation if the offense involved drugs or injuries
Jose Ceja works closely with immigration counsel to help clients minimize the impact of a second DWI on their immigration status.
Frequently Asked Questions
Is jail time mandatory for a second DWI?
Yes. Even if you receive probation, Texas law requires a mandatory minimum jail sentence as a condition. If your prior DWI conviction is within the last 5 years, the minimum is 5 days in jail. If the prior is more than 5 years old, the minimum is 3 days. Some courts may impose more jail time or require additional sanctions as part of probation.
Can I get a second DWI dismissed?
Yes, but it depends on the evidence. If the stop was illegal, tests were flawed, or the officer made errors, your lawyer may be able to get the case dismissed.
What happens to my license after a second DWI?
Your license can be suspended for up to 2 years. If you request an ALR hearing within 15 days, you may avoid suspension or qualify for an occupational license.
Can I drive if I have an ignition interlock?
Yes. Most judges will allow you to drive with an ignition interlock device installed, either as a bond condition or part of probation.
Will a second DWI affect my immigration status?
Possibly. A second DWI can increase the risk of immigration consequences, especially if drugs, minors, or injuries are involved. It is important to always consult with an immigration attorney before resolving a second DWI or any criminal case.
Does it matter how old my prior DWI conviction is?
No — under Texas law, there is no time limit on how old a prior DWI conviction can be for enhancement purposes. Even a DWI from 10, 20, or more years ago can be used to elevate a new charge to a second DWI offense.
Is a second DWI automatically a felony in Texas?
No. A second DWI is a Class A misdemeanor, but it carries enhanced penalties. A third or more DWI is a felony.
What if I Have a Commercial Driver’s License (CDL)?
A second DWI can result in a lifetime disqualification of your CDL, even if the offense occurred in your personal vehicle. For professional drivers, this makes aggressive defense essential to protect your career and livelihood.
Can a second DWI be reduced to a first offense?
It is possible. In Houston, prosecutors are sometimes willing to reduce a second DWI to a first based on factors like the age of the prior and the facts of the pending charge. Although a plea reduction may result in a first-offense sentence, the prior DWI can still be used to enhance future charges. That means a third arrest may still be treated as a felony, even if the second was negotiated down.
Can I get deferred adjudication for a second DWI in Texas?
Texas does not allow deferred adjudication for DWI offenses—even on a second offense. If convicted, the charge will remain on your record permanently. This makes fighting the charge or seeking a dismissal especially important.
Talk to a Board-Certified Houston DWI Lawyer Today
If you’re facing a second DWI charge in Houston, time is critical. Jose Ceja is a former prosecutor and Board-Certified Criminal Law Specialist who has helped hundreds of clients fight and beat DWI charges. Contact the office today for a free consultation and start protecting your future.
