Arrested for DWI with Multiple Open DWIs

 Posted on November 11, 2021 in Uncategorized

If the police arrest you for a DWI in Texas while you already have one or more pending DWI charges, it can be a serious matter. However, you are still innocent until proven guilty, and a skilled DWI lawyer can help you navigate this stressful path.

Multiple Pending DWIs in Texas

Many factors can affect the severity of multiple DWI charges and the penalties you might face, including where the DWIs happened, whether your attorney can get one dismissed, and whether the prosecutor in each case files each matter as a first offense.

1. Where Did the DWI Happen?

One thing to consider is where your open DWIs occurred. Were your charges in the same county? If so, the cases may end up consolidated. But even if the cases are in two counties, you need to assume that the prosecutor in each case will eventually become aware of your separate DWI charges. You don't want this to be a surprise when you're far into the court process. If the cases are in two different counties, you want a DWI expert with experience in multiple Texas counties. An attorney with experience in both courts can better navigate two simultaneous charges and get the best possible outcome for you in both counties.

2. Can Your Attorney Get One Charge Dismissed?

A first DWI charge is a Class B misdemeanor in Texas. A conviction can garner you up to 180 days in jail, a license suspension, up to a $2,000 fine, and a mandatory $3,000 administrative fine for the first DWI conviction in 36 months. A second DWI charge is a Class A misdemeanor and can result in up to one year in jail, a license suspension, a $4,000 fine, and a mandatory administrative fine. However, a third DWI charge is a third-degree felony. A conviction will give you a felony record and can garner you up to a ten-year prison sentence and a $10,000 fine.

When you have two or more DWIs pending, this is where an experienced DWI litigator can make all the difference. Penalties for a DWI conviction increase dramatically with each subsequent DWI, meaning you could face time in jail and high fines if convicted of two DWIs almost simultaneously. However, an experienced DWI attorney may be able to negotiate a dismissal of one charge or lower penalties for two consolidated cases.

3. Were Both Cases Filed as First Offenses?

A second DWI conviction comes with more serious penalties. While the prosecutor in each case may have filed each case as a first offense, the courts will eventually become aware of your additional charge or additional conviction if one court convicts you before the disposition of the second case. A seasoned DWI litigator can help navigate this sensitive situation and ensure you don't face harsher penalties than necessary.

Hire an Expert in Texas DWI Defense

When you're facing multiple DWI charges, you need an expert in DWI defense to guide you along the way. With two or more DWI convictions, you could face jail time, the loss of your driver's license, and steep fines. Attorney Doug Murphy is an expert in both Texas DWI Defense and Criminal Defense Law. In fact, he is one of only two attorneys in the entire state who is Board Certified in both DWI Defense Law and Criminal Defense Law.

Doug is also a seasoned litigator with the courtroom and negotiation experience you need for a complex DWI case. U.S. News & World Report also recently named him 2021 Lawyer of the Year for Houston DWI Defense. He can help you too. Give the Murphy & McKinney Law Firm, P.C. a call at 713-229-8333 or contact them online to schedule your consultation.