Second DWI in Williamson County — What You Are Facing

A second DWI conviction in Texas under Tex. Transp. Code §49.09(a) is a Class A misdemeanor:

• Jail: 30 days to 1 year (mandatory 30-day minimum in Williamson County Jail, or 5 days if the prior was probated)
• Fine: Up to $4,000
• License suspension: 180 days to 2 years
• Annual DRP surcharge: $1,500/year for 3 years
• Ignition interlock device: mandatory as condition of bond and probation under Tex. Transp. Code §521.2462

The prior DWI conviction must be a final conviction — a prior deferred adjudication for DWI counts against you in Texas. The state only needs to prove you were previously convicted of DWI anywhere in the United States.

Beyond the direct penalties: a second DWI dramatically affects insurance rates, professional licenses, and employment. If convicted, it is permanent.

Second-offense DWI cases receive full defense consideration — the same constitutional and technical challenges that apply to first offenses:

Challenging the prior conviction: In some cases, a prior DWI conviction may be attackable if the defendant was not properly advised of their rights before entering that guilty plea. If the prior conviction is invalidated, the current charge reverts to a first offense.

Suppression of current evidence: The same stop/arrest/test challenges that apply in any DWI case apply to second offenses. A suppressed evidence ruling can result in dismissal regardless of the defendant's prior record.

Blood or breath test challenges: Second offenses often involve more aggressive evidence gathering by prosecutors — blood draws under warrant are common. Peter Prak's analytical background makes blood test science a target area for our defense work on second-offense cases.

Plea negotiations: When full dismissal is not possible, reducing the impact of a second offense — through negotiated plea terms that minimize jail time, preserve employment, and structure probation conditions — is a core part of our representation.