Fort Bend County Multiple DWI Attorney

Multiple DWI Defense in Texas

Being convicted of a second or subsequent driving while intoxicated (DWI) offense in Texas can have a significant impact on your life, including the loss of your driver's license, the requirement to install an ignition interlock device (IID), and the potential for jail or prison time. If you have been arrested for DWI, you need an experienced multiple DWI attorney in Fort Bend County to protect your rights and fight for your freedom. At The Sims Law Firm, PLLC, we have the skills and resources to aggressively defend your case and help you obtain the best possible outcome.

Call (713) 766-1445 or contact us online to discuss your second or subsequent DWI case with our Fort Bend County multiple DWI attorney in a free consultation.

Criminal Penalties for Multiple DWI in Texas

A person is considered a second offender if they have been previously convicted of DWI within the past 10 years. If an individual is charged with DWI and it is determined that they are a second offender, the penalties are increased. If an individual is charged with DWI and it is determined that they are a third offender, the penalties are increased even further.

A second DWI offense is typically charged as a Class A misdemeanor, which carries a potential punishment of up to one year in county jail, a fine of up to $4,000, and a license suspension of up to two years can be imposed.

A third DWI or subsequent offense is usually charged as a third-degree felony, punishable by a potential punishment of two to ten years in state prison, a fine of up to $10,000, and license suspension for up to two years.

Legal Process for Multiple DUI in Texas

Understanding the legal process is essential for effectively navigating the system and protecting one’s rights. Below is an overview of the key stages of the legal process for multiple DUI offenses.

• Arrest and Booking: During the traffic stop, officers may conduct field sobriety tests and, if they believe the driver is impaired, proceed with the arrest. Once arrested, the individual will be taken to a local jail for booking, which involves recording personal information, taking fingerprints, and gathering other relevant data.
• Immediate Consequences: Upon arrest, the Texas Department of Public Safety (DPS) may suspend the driver's license. 
• Court Appearance: During this hearing, the accused will be formally informed of the charges against them and have the opportunity to enter a plea. It’s crucial to have legal representation at this stage to help determine the most advantageous plea option—whether guilty, not guilty, or no contest.
• Pre-Trial Motions: Following the initial court appearance, defense attorneys may file pre-trial motions. These motions challenge various aspects of the case, such as the legality of the traffic stop, the accuracy of breath or blood tests, or the validity of field sobriety tests. Successful motions can lead to the dismissal of charges or a reduction in penalties.
• Negotiation with Prosecutors: In some cases, our defense attorneys will engage in negotiations with the prosecution to reach a plea agreement. This agreement might involve pleading guilty to lesser charges in exchange for reduced penalties. 
• Trial: If a plea agreement cannot be reached, the case may proceed to trial. During the trial, both the prosecution and the defense will present evidence and arguments. If the defendant is found guilty, the court will move to sentencing.
• Appeals: After sentencing, individuals have the right to appeal the conviction if there are grounds to do so. Common grounds for appeal include procedural errors during the trial or legal misinterpretations.

Common Defense Strategies For Multiple DWI Charges

Several defense strategies can be employed in cases involving multiple DUI charges. The right approach will depend on the specifics of the situation.

• Challenging the traffic stop
• Challenging field sobriety test accuracy or breathalyzer and blood test validity
• Argue the mistaken identity of the driver
• Proving lack of impairment
• Proving medical conditions or medications that can mimic the signs of intoxication
• Challenging the procedures followed by law enforcement during the arrest 

Why Choose The Sims Law Firm, PLLC?

If you have been arrested for a second or subsequent DWI, you need an experienced, aggressive, and knowledgeable attorney to represent you. At The Sims Law Firm, PLLC, our Fort Bend County multiple DWI defense attorney has the experience and skills necessary to defend your case. Our firm is dedicated to protecting your rights and fighting for your freedom.

Contact us online or call at (713) 766-1445 to let us fight for you. Available 24/7!