Allen Multiple DWI Lawyers

Mandatory Ignition Interlock

Code of Criminal Procedure Article 17.441 requires ignition interlock as a condition of bond in repeat DWI cases. The interlock must be installed on every vehicle the defendant operates. The requirement applies from the time of bond until final case disposition (which can be many months for felony DWI cases).

After disposition, ignition interlock continues to play a central role. Transportation Code § 521.246 governs interlock requirements for occupational licenses, license reinstatement, and conditions of community supervision. A defendant who has no practical ability to operate a vehicle with an interlock is often unable to drive legally during the case and for extended periods afterward. This has cascading consequences on employment, family obligations, and economic stability.

Transportation Code § 709.001 Statutory DWI Fines

Separate from the criminal fine, Transportation Code § 709.001 imposes a civil-style statutory fine on every DWI conviction:

• First DWI conviction: $3,000.
• Second or subsequent DWI conviction within 36 months: $4,500.
• DWI conviction with BAC 0.15 or above: $6,000.

The § 709.001 fine replaced the old Driver Responsibility Program surcharge after the DRP was eliminated by HB 2048 (2019). Unlike the surcharge, the § 709.001 fine is assessed once at the time of conviction rather than as a recurring multi-year obligation. 

Administrative License Revocation on Repeat DWI

The ALR process runs parallel to the criminal case and is often more aggressive on repeat DWI:

• Failed test (BAC 0.08 or higher) on a driver with a prior alcohol-related enforcement contact: 1 year suspension under § 524.022.
• Refusal on a driver with a prior alcohol-related enforcement contact: 2 years suspension under § 724.035.
• The 15-day deadline to request an ALR hearing applies. Missing it results in automatic suspension.
• The ALR hearing is a critical discovery tool — it allows cross-examination of the arresting officer under oath months before trial.

How Repeat DWI Cases Are Defended

Challenging the Priors

Before exposure on a second or third DWI can be established, the state must prove the prior convictions. Prior judgments can be challenged for:

• Constitutional invalidity (waiver of counsel, voluntariness of plea, Boykin v. Alabama, 395 U.S. 238 (1969) requirements).
• Identity — whether the person named in the prior judgment is the defendant.
• Finality — whether the prior is actually final or is still on appeal or subject to collateral attack.
• Whether the prior offense qualifies under § 49.09(c).
• Whether a prior from another state meets the Texas definitional requirements.

A successful challenge to one prior can reduce a felony third DWI to a Class A misdemeanor second DWI. On a fourth DWI with habitual offender allegations, a successful challenge can reduce exposure from first-degree (25 to life) to second-degree or third-degree range.

Fourth Amendment and Article 38.23 Suppression

Every DWI case begins with a stop. Stops, detentions, field sobriety testing, arrests, breath and blood testing, and warrants are all subject to constitutional review and Texas’s exclusionary rule under CCP Article 38.23. Suppression motions frequently dispose of DWI cases or compel favorable resolutions.

Forensic Attack on Breath and Blood Testing

Ethanol analysis in Texas is performed by headspace gas chromatography with flame ionization detection (GC-FID). Attack points include sample collection, preservative balance, chain of custody, calibration, column chemistry, retention time, internal standards, and measurement uncertainty. 

Field Sobriety Testing

Deandra Grant is a Standardized Field Sobriety Test instructor. She teaches the same curriculum administered to law enforcement officers and can identify administration errors that render HGN, Walk-and-Turn, and One-Leg Stand results unreliable.

DWI with Child Passenger

Any DWI committed with a passenger under 15 is a state jail felony under § 49.045, regardless of the defendant’s prior record. This is a separate felony offense that can coexist with the § 49.04 or § 49.09 enhancement analysis, adding state-jail-felony exposure that is not reflected in the basic repeat DWI ladder.

Where Collin County Repeat DWI Cases Are Heard

Second DWI cases (Class A misdemeanor) in Collin County are filed in the Collin County Courts at Law. Third, fourth, and subsequent DWI cases (third-degree felony or higher) are filed in the Collin County Criminal District Courts. Both sit at the Collin County Courthouse, 2100 Bloomdale Road, McKinney. The Collin County Criminal District Attorney’s Office prosecutes all criminal cases in Collin County.

Frequently Asked Questions

My first DWI was fifteen years ago. Does it still count?

Yes. Texas has no lookback period for DWI priors. Every prior DWI conviction in the defendant’s lifetime counts for § 49.09 enhancement purposes. This is one of the most common misunderstandings in Texas repeat DWI cases.

Can I get probation on a second DWI?

Usually yes. Community supervision is available on a second DWI (Class A misdemeanor) — but § 49.09(h) requires a mandatory 3-day jail term as a condition of probation. The probation is not jail-free. The mandatory minimum is statutory and cannot be waived.

Can I get probation on a third DWI?

Probation is available on a third DWI (third-degree felony), but § 49.09(h) requires a mandatory 10-day jail term as a condition. And the state is not required to agree to probation. Collin County prosecutors vary in their willingness to agree to probation on repeat DWI cases depending on the facts, the defendant’s record, and the quality of the defense presented.

Does deferred adjudication help on a repeat DWI?

Generally no. HB 3582 (2019) authorized deferred adjudication for certain first-offense DWIs with BAC below 0.15, but deferred adjudication is not available for any repeat DWI under § 49.09 and remains unavailable for all felony DWI offenses. On a repeat DWI, plea bargain choices are typically probation with the mandatory jail floor, or confinement.

Will I lose my license on a second or third DWI?

You may both through ALR and if convicted. Administrative suspensions of 1 to 2 years attach under Transportation Code Chapters 524 and 724 based on failed-test or refusal and prior alcohol-related contacts. Conviction suspensions of 180 days to 2 years attach under § 521.344. An occupational license for work and essential activities is usually available with proper petition and ignition interlock.

Does an out-of-state DWI count as a prior in Texas?

Yes, if it meets the Texas definitional requirements. The out-of-state offense must be “substantially similar” to a Texas § 49 offense. Convictions from states with materially different DWI laws sometimes do not qualify. Whether a specific out-of-state prior counts is often a litigable question.

About Deandra Grant Law

Deandra Grant Law is a Texas criminal defense firm with offices in Allen, Dallas, Fort Worth, Denton, Waco, and Rockwall. Our DWI defense practice is built on the forensic science and trial experience that repeat DWI cases actually require.

Deandra M. Grant, Managing Partner

• More than 30 years in practice, focused on criminal defense and DWI
• Former prosecutor
• J.D.; M.S. in Pharmaceutical Sciences
• Graduate Certificate in Forensic Toxicology
• ACS-CHAL Forensic Lawyer-Scientist from the American Chemical Society
• Standardized Field Sobriety Test (SFST) Instructor
• Texas Super Lawyer since 2011
• Author of 17 law books including The Texas DWI Manual
• Executive Director, DUI Defense Lawyers Association (DUIDLA)

Douglas E. Huff, Partner

• ACS-CHAL Forensic Lawyer-Scientist
• Digital forensics and electronic evidence training
• Extensive North Texas DWI trial experience

James Lee Bright, Of Counsel

• National federal criminal defense practice, including federal post-conviction proceedings in serious-felony DWI and intoxication cases
• Admitted to all four Texas federal districts, the District of Columbia, the Fifth Circuit Court of Appeals, and the Supreme Court of the United States

Contact Our Allen Multiple DWI Attorneys

A second or third DWI is not a case to handle without experienced counsel. The enhancement paragraphs, the mandatory minimums, the interlock requirements, and the felony-conviction consequences all produce exposure that is multiples of what a first DWI carries. The earlier counsel is involved, the more options remain.

Call Deandra Grant Law at (214) 225-7117 to schedule a consultation. We serve Allen, Plano, McKinney, Frisco, and all of Collin County from our Allen office.