Texas never forgets a DWI — a conviction from 1998 still enhances today’s charge. And a second conviction carries something a first never does: mandatory jail days even on probation.
Charge: Driving While Intoxicated, second offense — Penal Code §§ 49.04, 49.09(a)
Level: Class A misdemeanor
Range: 30 days – 1 year county jail (minimum jail even with probation), fine to $4,000
Court: County Court at Law in the county of arrest
How these cases play out in Central Texas courts
Everything tightens on a second: minimum confinement as a probation condition, longer suspensions, interlock throughout, and prosecutors with less flexibility. Two defense fronts matter. The current case gets the full workup — stop, tests, science — because Central Texas counties still reduce and dismiss defensible second cases. And the prior itself gets audited: old judgments with defects (missing counsel waivers, defective admonishments) can be attacked, and a broken prior converts DWI 2nd back into DWI 1st. Treatment-based mitigation rounds out the strategy where the record supports it.
Questions we hear about this charge
My first DWI was two decades ago — really no washout?
Really. Texas removed the limitation years ago; priors count forever. But old priors are also old paperwork — and defective old judgments can be challenged.
How much jail is mandatory?
A second conviction requires minimum confinement days even when probated. Avoiding conviction — suppression, reduction, trial — is how mandatory jail is avoided.
Is interlock required the whole case?
As a bond condition on most DWI 2nd cases, yes, and typically through any probation. Factor it into strategy early — compliance record becomes negotiation material.
Facing a DWI 2ND charge?
The first weeks decide what’s possible — evidence preservation, bond terms, and early litigation posture. Criminal defense in Travis, Hays, Williamson, Bexar, and Bastrop counties is provided by Stephen T. Bowling, DWI & Criminal Defense Attorneys — former police officers who know how these cases are built. Free consultation, 24/7, flat-fee quote included.
General Texas legal information, not legal advice for your specific case. Enhancements, priors, and case facts change punishment exposure. Last reviewed July 2026.