Houston Multiple/Repeat DWI Defense Lawyer

The most important thing that changes in a repeat DWI case is leverage. The state uses your prior record to limit your options and push toward a plea that serves its interests, not yours. A second DWI comes with mandatory minimum jail time that a judge cannot waive. A third DWI takes the case to felony court entirely. Understanding what the prior convictions actually establish legally and where they can be challenged is the foundation of any effective repeat DWI defense. Board Certification in Criminal Law by the Texas Board of Legal Specialization reflects the expertise that kind of analysis requires.

Our defense in repeat DWI cases examines both the current charge and the prior conviction record the state intends to use. We focus on:

• Examining the validity of each prior conviction used for enhancement. If a prior DWI involved a defective plea paperwork, an improper waiver of rights, or a counsel-related issue, that conviction may not be legally usable to enhance the current charge
• Challenging the BAC evidence in the current case with full scientific scrutiny. Prior history does not make the current testing more reliable, and every procedural and scientific challenge available in a first-offense case applies equally here
• Contesting the legality of the current traffic stop. The constitutional requirements for a valid stop do not change because of prior history, and an unlawful stop can result in suppression of all evidence obtained after it
• Evaluating field sobriety test administration in the current case. Officers must follow standardized protocols regardless of the defendant’s prior record, and deviations from those protocols create legitimate legal challenges
• Assessing whether mandatory minimum sentences apply and whether any exception or alternative to incarceration is available given the specific facts of the current case