In the state of Texas, driving while intoxicated (DWI) convictions can have major, long-lasting consequences. However, in recent years, Texas has taken steps to provide some individuals with a second chance to do better. The DWI Second Chance Law, first known as the Second Chance Act in Texas, aims to help those who made a mistake in the past by driving under the influence of alcohol. Read on to learn more.


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Understanding the Second Chance Law in Texas

The Texas DWI Second Chance Law offers some individuals with certain DWI convictions and under specific conditions the opportunity to rebuild their lives after a DWI. The State recognizes that people can change, and has set forth a law to assist them. Some key provisions of the statute include the following:


  1. Eligibility Criteria: To qualify under the Second Chance Law, you must meet specific criteria. For instance, you may be eligible if your conviction is for a first-time DWI offense.
  2. Waiting Period: Depending on the specific circumstances of your case, you may have a waiting period before you can apply, beginning after the completion of your sentence.
  3. Application Process: To apply, you must file a petition with the court in the county where you were convicted. It is essential to follow the correct legal procedures and provide all necessary documentation to support your case–your professional attorney can help you with this.
  4. Compliance with Court Orders: Applicants must demonstrate compliance with all court orders and conditions set forth in their DWI case, including such things as attending alcohol education programs, completing community service, and paying restitution to any victims.
  5. Ignition Interlock Device (IID): The Court may require that you install an ignition interlock device (IID) in your vehicle as a condition upon approval of your application.


How to Qualify for the Second Chance Law in Texas

Before application, you must take specific steps to qualify for your second chance under Texas law. You must ensure that you successfully complete any probationary period imposed by the court and fulfill all financial obligations, including paying all fines, fees, and restitution as ordered by the court. And again, if the court mandates the use of an IID, you must have it installed in your vehicle and comply with all requirements related to its use.


If you have a DWI conviction and are interested in the Texas DWI Second Chance Law, consulting with an experienced attorney is key. Your attorney can evaluate your case and provide guidance on your eligibility and the steps you need to take to apply. He will help you gather necessary documentation, such as proof of completion of probation, IID records (if applicable), and any other paperwork required for your petition. Then he will file the petition on your behalf, in the appropriate Texas court, ensuring that all required documents are submitted accurately and within the designated timeframe.

Are you in the Austin, Texas area and have questions about the Texas DWI Second Chance Law? If so, don’t hesitate to reach out to professional legal counsel Brian Erskine of Erskine Law. A reputable criminal defense attorney with years of experience handling DWI cases, Brian Erskine can help walk you through the law as it might apply to your case. He is available to answer your questions and provide the guidance you need during a free consultation. Contact Erskine Law today to schedule your meeting with Law Maverick Brian Erskine.