Facing Multiple DWI Charges In Austin: What You Need To Know
Last updated on March 21, 2025
Being arrested for a second DWI while your first case is still pending can feel overwhelming and frightening. Many clients come to us confused about how these charges will interact and what consequences they might face. With potentially severe penalties at stake, understanding your options becomes crucial before making any decisions about how to proceed with either case.
At Hildreth & Rueda, our Austin DWI defense attorneys bring more than 20 years of criminal defense experience to these complex cases. We regularly represent clients throughout Austin, including UT Austin students, who find themselves facing multiple pending DWI charges. Our trial-tested approach helps ensure you receive the strongest possible defense during this critical time.
Understanding Multiple Pending DWI Charges
When you are arrested for a DWI while already having a pending DWI charge, several important legal questions arise:
Will My Second Arrest Be Charged As A First Or Second DWI?
Technically, your second DWI arrest can only be enhanced to a “second DWI” for penalty purposes if you have a final conviction on your first DWI. If both cases are pending simultaneously, the prosecution cannot legally charge your second arrest as a second offense DWI with enhanced penalties – yet.
However, this creates a dangerous situation where resolving your first case through a quick plea deal could immediately elevate your second case to a more serious charge with substantially harsher penalties. This is precisely why having experienced legal counsel becomes critical before making any decisions.
Potential Consequences Of Multiple DWI Charges
The penalties for DWI convictions in Texas vary significantly between first and subsequent offenses. First DWI offense penalties include the following consequences under Texas law:
- Class B misdemeanor classification
- Up to $2,000 in fines
- 72 hours to 180 days in jail
- License suspension of 90 to 365 days
- $3,000 state surcharge over three years
Second DWI offense penalties increase substantially and include these more severe punishments:
- Class A misdemeanor classification
- Up to $4,000 in fines
- 30 days to 1 year in jail
- License suspension up to 2 years
- $4,500 state surcharge over three years
- Possible mandatory ignition interlock device
The escalation in severity highlights why you must approach each case strategically, especially when they are pending simultaneously. Beyond these court-imposed penalties, multiple DWI cases can significantly impact your insurance rates, employment opportunities, professional licensing and immigration status.
Strategic Considerations For Multiple DWI Cases
When handling multiple pending DWI charges, several strategic considerations come into play:
Driver’s License Consequences
Each DWI arrest triggers separate administrative license revocation (ALR) proceedings. You have only 15 days from each arrest to request an ALR hearing to contest your license suspension. Failing to request these hearings means automatic license suspension 40 days after the arrest.
While navigating multiple license hearings can be complex, these proceedings provide valuable opportunities to preview the evidence against you and potentially preserve your driving privileges while your cases proceed.
Case Consolidation Possibilities
If both DWI cases are pending in the same county, they might be consolidated before the same court. While this can streamline proceedings, it also means the judge and possibly the jury will be aware of both charges, potentially influencing their perception of your case.
Our attorneys carefully evaluate whether consolidation benefits your situation or whether fighting to keep the cases separate provides a strategic advantage.
Negotiation Strategies
When facing multiple pending DWI charges, skilled negotiation becomes particularly important as the stakes are significantly higher. Our lawyers explore several potential approaches based on the specific circumstances of your cases.
- Seeking dismissal of one case in exchange for a plea on the other
- Negotiating for reduction to lesser charges like Obstruction of Highway
- Exploring pre-trial diversion programs that might preserve your record
- Pursuing deferred adjudication that could prevent a “conviction” for enhancement purposes
The strategy we pursue will depend on numerous factors, including the strength of evidence in each case, the prosecutors involved, and your personal priorities. Our experience allows us to identify the most promising approach for your unique situation.
Trial Considerations
In some situations, taking one or both cases to trial may provide the best potential outcome, especially when the evidence has significant weaknesses. Our extensive courtroom experience equips us to challenge the prosecution’s case effectively on multiple fronts.
- The legality of the traffic stop
- The administration of field sobriety tests
- The reliability of breath or blood test results
- The observations and qualifications of the arresting officers
We meticulously evaluate each aspect of the state’s case, looking for procedural errors, testing inconsistencies and other weaknesses that could lead to dismissed charges or not guilty verdicts.
Contact Our Austin Multiple DWI Defense Attorneys
If you are facing multiple DWI charges in Austin or surrounding communities, the decisions you make now will significantly impact your future. Do not make those decisions without experienced legal guidance.
Contact Hildreth & Rueda today at 512-416-7648 or through our online form to schedule a confidential consultation. We will help you understand your options and develop a strategic approach to address both your pending DWI cases. Se habla español.