DWI Second Offense

A second DWI arrest in Montgomery County is a true legal emergency.  To prosecutors, judges, and probation officers, you are no longer a first-timer who made a mistake. They see a repeat offender who is a potential danger on the roads and a threat to public safety.  Therefore, they will routinely push for jail time, long license suspensions, and strict probation that can control your life for years. 

Anyone facing a DWI Second Offense in The Woodlands, Conroe, Spring, Magnolia, or anywhere in Montgomery County, should seek an experienced lawyer to fend off a crushing conviction and other life-altering consequences. 

Attorney Andrea M. Kolski of Nonstopjustice PLLC is a veteran Montgomery County criminal defense lawyer with more than 25 years experience in Texas criminal law. She has handled thousands of criminal cases, including countless DWI Second Offense charges, both as a prosecutor and as a defense attorney. Her goal in every DWI case is simple and aggressive: seek dismissal whenever possible, and when dismissal cannot be achieved, fight for the outcome that is genuinely in the best interest of the accused. 

Texas DWI Second Offense 

Texas law treats DWI Second Offense as an enhanced crime with significantly tougher penalties than a first offense. 

The key statutes include: 

• Texas Penal Code § 49.04 defines the basic offense of Driving While Intoxicated. A person commits DWI if they operate a motor vehicle in a public place while intoxicated. 
• Texas Penal Code § 49.01(2) defines “intoxicated” as not having the normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, or a combination, or having an alcohol concentration of 0.08 or more. 
• Texas Penal Code § 49.09(a) provides that if a person has been previously convicted of DWI, a new DWI offense is enhanced to a Class A misdemeanor. 

For a typical DWI Second Offense, the statutory range of punishment is: 

• Class A misdemeanor 
• Jail time from 30 days up to 1 year in the county jail 
• A fine up to 4,000 dollars plus court costs and related fees 

On top of this, a second DWI conviction can lead to: 

• Driver license suspension from 180 days up to 2 years under the Texas Transportation Code and administrative license revocation procedures 
• Mandatory ignition interlock device as a condition of bond and as a condition of probation in many cases 
• Possible elevated conditions if the alleged blood alcohol concentration was 0.15 or greater, or if there was a crash, injury, or child passenger 

Montgomery County has a reputation for taking DWI very seriously. Prosecutors routinely seek active jail time or lengthy, restrictive probation for second offenses. Judges often follow those recommendations unless a strong defense is presented. 

Texas law also imposes collateral obligations such as DWI education courses, community service, and alcohol or drug evaluations. A second conviction creates a criminal record that follows you indefinitely and can be used to enhance future charges even further. 

The Lifelong Impact of a Second DWI Conviction 

The legal penalties only tell part of the story. A DWI Second Offense conviction can disrupt your life in ways that are not obvious at first but become painfully clear over time. 

Employment is one of the biggest issues. Many Texas employers run routine background checks on applicants and sometimes on existing employees. A second DWI conviction often raises red flags about judgment, reliability, and substance use. That can lead to missed job opportunities, stalled promotions, or even termination. 

If you hold a professional license, such as nursing, teaching, real estate, law, or other regulated fields, your licensing board may open an investigation. Repeated alcohol related convictions can trigger reporting requirements, disciplinary actions, or conditions on your license. 

Housing can become more difficult. Property management companies and landlords routinely use criminal background screening. A second DWI conviction on your record can lead to rental denials, higher deposits, or more restrictive lease terms. 

Car insurance costs can skyrocket after a second DWI. Some carriers raise premiums dramatically or decline to renew policies. Financial institutions may treat you as a higher risk when evaluating loan applications. 

In family courts, a second DWI conviction can be used against you in divorce or child custody disputes as claimed evidence of instability or substance abuse. Even if you know that is not a fair conclusion, the record gives your opponent a powerful talking point. 

Court Appointed vs. Private Practice DWI Lawyers 

A DWI Second Offense is not the time to hope the system treats you gently. It will not. The quality and intensity of your legal defense often has a direct effect on the outcome. 

National research has highlighted the differences in outcomes between defendants with private counsel and those represented by public defenders or appointed counsel. For example, studies analyzed by the Bureau of Justice Statistics and academic researchers have found that: 

• Public defenders and court appointed lawyers often manage much higher caseloads than private attorneys, which limits the time they can spend investigating each case 
• Defendants with retained private counsel are less likely to be convicted on the most serious charge and, when convicted, tend to receive shorter sentences and more favorable plea agreements 

In one well known study of felony cases in large urban counties, defendants with publicly financed lawyers were convicted more often and received longer periods of incarceration on average compared to those with private attorneys, even after accounting for factors like prior record and seriousness of the charge. While DWI Second Offense cases in Montgomery County are misdemeanors, the same basic dynamic applies: lawyers with more time and resources to focus on your case can usually do more to protect you. 

This is not a criticism of individual public defenders. Many are dedicated and talented. The problem is structural. Heavy caseloads, limited investigative budgets, and time pressures often mean that: 

• The arrest, stop, and field sobriety testing are not scrutinized as closely as they should be 
• Breath or blood test results and lab procedures are rarely challenged in depth 
• Defense strategy focuses primarily on arranging a plea, not preparing a trial ready case 

By contrast, a seasoned private DWI defense attorney like Andrea Kolski can invest the time and resources to carefully analyze every aspect of your case, from the legality of the traffic stop to the reliability of scientific evidence. 

Common Defenses For DWI Second 

Effective defense of a DWI Second Offense in Texas can begin with a detailed review of how the case was built. 

The first question is whether the traffic stop was legal. Texas and federal law require reasonable suspicion or probable cause to pull you over. Officers often cite lane drifting, speeding, or minor traffic violations.  

Next comes the roadside investigation. Standardized field sobriety tests must be administered and interpreted according to strict National Highway Traffic Safety Administration guidelines. Medical conditions, fatigue, poor footwear, or nervousness can all mimic intoxication.  

Breath and blood tests are another critical area. Machines must be properly maintained and calibrated. Blood draws must follow Texas Transportation Code procedures, including proper handling, storage, and chain of custody. Errors in these areas can undermine or exclude the state’s test results. 

Any prior DWI conviction that enhances your case to a second offense also deserves scrutiny. An experienced DWI lawyer may question whether that prior conviction is valid for enhancement purposes and whether the state can properly prove it under Texas Penal Code § 49.09. 

An experienced DWI lawyer knows that any weakness in the state’s case can create potential leverage. That leverage can be used to seek dismissal, reduction to a lesser charge such as Obstruction of a Highway, elimination of jail as a condition of probation, shortened license suspension, or other favorable terms. Andrea does not walk into court assuming you will plead guilty. She prepares to fight. 

Local Knowledge And Legal Skill 

Every Texas community has its own legal culture. Montgomery County is no different.  Montgomery judges have particular expectations and prosecutors have specific internal policies on DWI, especially for repeat offenders. A local DWI attorney who’s familiar with those unwritten rules can make a big difference in the outcome of a case. 

Andrea Kolski has been a familiar face in Montgomery County courts for over 20 years. She understands and respects how specific judges tend to handle bond conditions, pretrial motions, and DWI sentencings. She 

She’s familiar with the district attorney’s office views on second offenses and what alternatives they may consider when presented with a strong defense. 

As president of the Montgomery County Criminal Defense Lawyers Association, Andrea has the respect of Montgomery’s legal community. That credibility when prosecutors and judges weigh the strengths and weaknesses of a case. 

Lower Stress and Better Outcomes 

Being charged with a DWI Second Offense is understandably overwhelming. There is a lot at stake.  Potential jail time, loss of licenses, employment risk, financial strain, and family turmoil are just a few of the consequences on the table.  

It’s important to remember you’re not alone.  Many have faced these dire circumstances and with the help of Andrea Kolski, they’ve come through the other side.  Andrea and her team at Nonstopjustice have years of experience with DWI second offense charges and help clients by taking charge from the outset.  Andrea has earned a reputation for unmatched legal skill and compassion for clients and their families battling DWI second offense charges. 

Knowing that a veteran DWI lawyer is actively protecting your rights can be a huge weight off your shoulders and give you peace of mind during this trying time.  Beyond exceptional legal skill, Andrea and her team are known for their transparency and fluid communication throughout the process.  You’ll never be in the dark with Andrea by your side. 

Uniquely Qualified for Your DWI Second Offense 

There are no shortage of attorneys jockeying for DWI defense clients. However, only a select few can match Andrea’s track record of success.  Andrea and her team at Nonstopjustice bring over 25 years of legal insight, prosecutorial experience, and local knowledge to every DWI case. 

Her qualifications include: 

• Over 25 years of criminal law practice in Texas with a strong focus on DWI and serious criminal defense 
• Former Harris County prosecutor – unique insight into how the state evaluates and prosecutes DWI cases 
• Former president of the Montgomery County Criminal Defense Lawyers Association 
• A hard-won reputation as a “pit bull in the courtroom” who advocates aggressively for her clients 
• Over two decades of favorable results in DWI cases, including dismissals, reductions, and negotiated outcomes that avoid or minimize jail, license suspension, and other penalties 
• Deep ties to the Montgomery County legal community 

Take Control Over Your Future

If you have been arrested for DWI Second Offense in Montgomery County, time is not on your side. The deadlines for specific requests and preservation of potential evidence can come and go without warning and have dire consequences for your defense. 

Contact Andrea M. Kolski at Nonstopjustice PLLC to schedule a confidential consultation. Learn how a focused, experienced DWI defense lawyer can challenge the state’s case, protect your rights, and fight for the dismissal or best possible outcome you need. 

Don’t let a second DWI charge jeopardize your freedom and your future. Join the hundreds of clients who are enjoying life today thanks to DWI attorney Andrea Kolski. Take that important first step and contact us today for more information.