Lewisville Multiple DWI Lawyers

Attacking the Prior Conviction

A prior that cannot be proved cannot enhance. Challenges to the predicate conviction (jurisdiction, defective plea waivers, inadequate admonishments, identity) can reduce a second DWI to first-offense treatment. On very old priors, defective judgment paperwork is a recurring issue. Key areas of inquiry:

• Certified copy of the prior judgment. The state must produce a properly certified copy. A missing, defective, or uncertified prior can defeat the enhancement even where the conviction occurred.
• Identity proof. The state must prove the defendant in the current case is the same person convicted in the prior case. Where the prior matter involved limited fingerprinting or identification records, this is contestable.
• Plea admonishments. If the plea in the prior case was not knowing and voluntary (missing admonishments, inadequate advice of counsel, or other defects) the prior may not be usable for enhancement.
• Out-of-state statute comparison. Out-of-state DUI/OUI/OWI convictions require a statute-by-statute comparison to Texas DWI elements. Some out-of-state convictions do not qualify as enhancement-triggering priors even though they involved intoxicated driving.

ALR and Driver’s License Consequences Stack on Repeats

The Administrative License Revocation process runs in parallel with the criminal case and the consequences stack on repeats:

• Failed test with prior ALR suspension: 1-year ALR suspension.
• Refusal with prior ALR suspension: 2-year ALR suspension.
• Criminal-court license suspension on second DWI conviction: 180 days to 2 years.
• ALR deadline: 15 days from the date of notice of suspension to request a hearing. Missing the deadline results in an automatic suspension.

When a Third DWI Becomes a Felony

A third or subsequent DWI under §49.09(b)(2) is a third-degree felony that carries 2 to 10 years in TDCJ. §49.09(h) imposes a 10-day mandatory jail minimum even on probated third DWIs. A fourth DWI with prior felony convictions can be enhanced under §12.42 to second-degree felony (2 to 20 years) or habitual offender (25 years to life). Felony DWI cases involve different procedural posture, different forensic focus, and different sentencing considerations than misdemeanor repeat cases. Those issues are addressed in detail on our Lewisville Felony DWI Defense page.

Defense Strategies in Denton County Second DWI Cases

Forensic challenges on the current case. Ethanol analysis in Texas is performed by headspace gas chromatography with flame ionization detection (GC-FID). Drug analysis is performed by LC-MS/MS. Lewisville-area DWI blood specimens are typically submitted to the DPS Crime Lab in Garland. Chain of custody, preservative balance, calibration, column chemistry, and measurement uncertainty are all contestable at the chemistry level. 

SFST administration. Field sobriety tests (HGN, walk-and-turn, one-leg-stand) have strict NHTSA administration protocols. Deviations affect validity. As a trained SFST instructor, Deandra Grant challenges the administration, scoring, and interpretation of SFST evidence in every case.

Article 38.23 — no good faith exception. Many Denton County DWI arrests originate from stops on I-35E, SH-121, FM-3040, or the PGBT. Texas’s exclusionary rule carries no good faith exception so evidence from an unlawful stop, search, or seizure is suppressible regardless of what it shows. The legality of the stop, the field investigation, the arrest, and any blood warrant are examined before any other defense strategy is built.

ALR as discovery. Requesting the ALR hearing and taking the arresting officer’s testimony under oath months before the criminal case reaches its first setting produces discovery that shapes the criminal defense strategy. The ALR deadline is 15 days from the date of notice of suspension.

Sentencing mitigation. Where conviction is likely, the defense shifts to mitigation such as treatment compliance, employment, family responsibilities, and evidence that addresses the pattern rather than just the current incident. The §49.09(h) 72-hour-to-30-day minimum is not waivable, but where it falls within that range is influenced by mitigation evidence.

Why Deandra Grant Law for Lewisville Multiple DWI Defense

• • Office in Denton. 30+ years in Denton County courts. 500+ trials to verdict. The Denton County Courthouse and the Denton County DA’s office are familiar ground.
  • Trained SFST Instructor — Deandra Grant. Field sobriety test administration, scoring, and interpretation challenged in every case.
  • ACS-CHAL Forensic Lawyer-Scientist — Deandra Grant and Douglas Huff. Chemical testing, breath and blood analysis, and the forensic evidence underlying the State’s case evaluated at the scientific level.
  • Master of Science in Pharmaceutical Science + Graduate Certificate in Forensic Toxicology. Blood alcohol analysis, retrograde extrapolation, and the pharmacology of alcohol impairment.
  • Article 38.23 — no good faith exception. Every second DWI case begins with the lawfulness of the stop, search, or seizure.
  • Prior conviction analysis. Every enhancement-triggering prior is examined for defects — judgment certification, identity proof, plea admonishments, and out-of-state statutory comparison.
  • 17 published law books. Including The Texas DWI Manual
  • Texas Super Lawyer since 2011. 
• AV® Preeminent rated by Martindale-Hubbell®.

If you are facing second or subsequent DWI charges in Denton County, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.