If you have been drinking, even one drink, you should not get behind the wheel of a car. Simply getting into the driver’s seat, putting the seat back to take a nap while never starting the engine, could cause you to be charged with a San Antonio DWI if the police officer thinks you are impaired. And as if the penalties for a first offense were not harsh enough, getting caught with a BAC over the legal limit for the second time will require that you spend time in jail, surrender your driver’s license for a longer period of time and also pay quite a bit more in fines.
The good news is that a second offense continues to be only a misdemeanor, but is elevated to Class A. This means that you will spend a minimum of 30 days in jail up to a maximum of one year. You could be charged with a fine of up to $4000. Even if we can plea bargain the charges down to probation, you will have to spend at least 5 days in jail minimum.
Getting the charges plea bargained down to probation is favorable to going to jail, but the benefits do come at a price. For second DWI offenders, the terms and conditions of probation are stricter. Since you are now a repeat offender, the state is more concerned that you are exhibiting the behavior of someone that might have a drug or alcohol problem and that your first DWI was not an isolated incident. You will have to be evaluated by a state-approved drug and alcohol counselor to determine if it would be appropriate for you to attend a drug and alcohol rehabilitation clinic. Secondly, you will be required to attend a 32-hour course and join Alcoholics Anonymous to make sure you understand what constitutes alcohol abuse and impaired driving. You can not drive until the course is completed. Finally, when you do have your license reinstated, you will need to install an ignition interlock device on all of the vehicles under your control. An ignition interlock device can cost about $100 per month to rent and will not allow you start the vehicle if you have consumed alcohol.
These are just a few of the legal requirement you will be faced with if you are convicted for DWI in San Antonio or the surrounding areas in the state of Texas for a second time. Just because you are arrested and charged with this crime does not mean that you are guilty. You have rights and the police often make mistakes and charge innocent people incorrectly. Exercise your right to remain silent and call the experienced and knowledgeable San Antonio DWI defense attorneys at Parent-Law today.