Awards & Media Appearances
How Prior DWI Convictions Can Amplify Your Current Charges 
In Texas, a DWI conviction is considered serious, and the more offenses you accumulate, the more severe the penalties become. While a first-time offense might result in a fine, license suspension, and probation, repeat offenders face stricter penalties, including longer license suspensions, larger fines, and the potential for jail or prison time. Below is a breakdown of how prior convictions can affect the severity of your case: - First-Time DWI Offense: A first DWI offense is typically classified as a Class B misdemeanor in Texas. Penalties may include fines of up to $2,000, a license suspension for up to a year, and mandatory alcohol education programs. The court may also impose probation.
- Second DWI Offense: A second offense raises the stakes significantly. It is still classified as a misdemeanor but carries stiffer penalties. In addition to the fines and license suspension, you may face a mandatory minimum jail sentence of at least 30 days.
- Third or Subsequent Offenses: Once you have two or more DWI convictions on your record, any subsequent offenses are likely to be charged as felonies. Felony charges carry much harsher consequences, including up to 10 years in prison and fines up to $10,000.
The Zendeh Del & Associates, PLLC Team
The Role of Aggravating Factors in a DWI Case
In addition to prior convictions, certain aggravating factors can make a DWI charge even more severe. These factors can add to the seriousness of the offense, potentially leading to longer sentences, larger fines, or more stringent probation conditions. Aggravating factors include:- Child Passenger: If you are arrested for DWI while a child under the age of 15 is in your vehicle, the charges can be enhanced to a state jail felony. This can result in a prison sentence of 180 days to two years and fines of up to $10,000.
- Accident with Injury or Fatality: If your DWI results in an accident that causes injury or death, the penalties become even more severe. A DWI accident with injury can lead to felony charges, which carry extensive prison sentences, while a fatality may result in manslaughter charges.
- Refusal of Breathalyzer Test: In Texas, refusing to take a breath or blood test after being arrested for a DWI can result in an automatic license suspension of up to 180 days. The court may also consider your refusal when determining the severity of your sentence.
Felony DWI Convictions and Their Long-Term Impact
A DWI charge can escalate from a misdemeanor to a felony depending on your criminal record and other circumstances. A felony DWI conviction has life-altering consequences and can affect you far beyond the immediate penalties. In Texas, felony DWI offenses are usually charged after the third DWI conviction, but certain other factors can elevate a charge to a felony even after just one or two offenses. A felony DWI conviction means:- Longer Prison Sentences: Depending on the nature of the offense, you could face anywhere from 2 to 10 years in a state prison.
- Higher Fines: Felony DWIs can carry fines up to $10,000.
- Loss of Voting Rights: A felony conviction can remove your ability to vote in local, state, and national elections.
- Impact on Employment: A criminal felony record may disqualify you from many job opportunities, especially those that require background checks.
- Difficulty with Housing and Loans: Felony convictions can also affect your ability to obtain housing or financial aid.
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These guys are amazing. They made a most horrific experience bearable. They treated me with respect and no judgment. I cannot describe how grateful I am for their representation with my case. 5 stars is not enough. I hope I never need them again but would ABSOLUTELY use them again and definitely recommend them.
— Jennifer S.
Jonathan Zendeh Del and Associates worked tirelessly on my case. They kept me informed every step of the way. In the end the got my case dismissed and I am so grateful that we out our trust in his law firm. I can honestly say the rumors were true. He really is the best.
— Kristin F.
The Importance of Legal Representation for Repeat DWI Offenders
When facing a DWI charge with prior convictions, the best chance for a reduced sentence or even case dismissal is to hire a skilled DWI defense attorney. Zendeh Del & Associates, PLLC, specializes in defending clients against DWI charges in Galveston, TX, and understands the complexities that come with repeat offenses. Here’s how an experienced attorney can help:- Examine the Evidence: Your lawyer will thoroughly review the evidence in your case, including the arrest report, breathalyzer test results, and witness statements, to ensure that no rights were violated during your arrest.
- Challenge the Prosecution: Your lawyer can challenge the prosecution’s case by questioning the validity of the traffic stop, whether the arresting officer had reasonable suspicion, and whether the breathalyzer test was administered correctly.
- Negotiate Plea Deals: In many cases, an attorney can negotiate a plea deal that reduces the penalties you face, potentially avoiding jail time or a lengthy license suspension.
- Defend Your Rights in Court: If a trial is necessary, a skilled defense attorney can present a compelling defense and argue for a more lenient sentence, considering any mitigating factors that may apply in your case.
What to Expect with a DWI Defense Lawyer
If you’ve been charged with a DWI and have prior convictions, the process ahead may seem daunting. However, having a knowledgeable lawyer on your side can make all the difference. Here’s what you can expect when working with a DWI defense attorney:- Initial Consultation: A lawyer will first meet with you to discuss the details of your case, explain the potential consequences, and outline the steps for moving forward.
- Evidence Review: Your lawyer will examine the evidence in your case to identify any issues with how the arrest was conducted, as well as any weaknesses in the prosecution’s case.
- Pre-Trial Motions: Your lawyer may file pre-trial motions to suppress certain evidence or to have charges reduced, based on your prior history and the facts of your case.
- Trial or Negotiation: Depending on the circumstances, your attorney may negotiate a plea deal or go to trial to fight the charges.