Can You Fight a DWI in Texas if You Already Had One Before?

 Posted on February 17, 2026 in DWI

You can still fight a DWI charge in Texas even if you have had one before. Many people feel discouraged or worried after a second arrest, but a prior DWI does not automatically mean you will be convicted again. Every case must be proven based on its own facts, and you have the right to challenge the evidence.

As of 2026, Texas law still requires prosecutors to prove intoxication beyond a reasonable doubt in every DWI case, regardless of whether you have a prior conviction. If you are facing this situation, you are not alone, and there are legal options available. Our Parker County, TX DWI defense lawyer can help you understand your rights and what steps you can take to protect your future.

Does a Prior DWI Automatically Mean You Will Be Convicted Again?

A prior DWI conviction does not mean you will automatically be convicted of a new charge. The prosecution must still prove that you were legally intoxicated at the time of the current arrest.

Under Texas Penal Code § 49.04, intoxication means either having a blood alcohol concentration of 0.08 or higher or losing the normal use of your mental or physical abilities due to alcohol or drugs. If the prosecution cannot prove intoxication, you may be able to fight the charge successfully.

When Is It Possible To Defend Yourself Against a Second DWI Charge?

Even with a prior conviction, the current case must stand on its own. Police officers must follow proper procedures during the stop, investigation, and arrest.

If mistakes were made, the evidence may be challenged. Courts must evaluate whether your rights were respected and whether the evidence is reliable.

Your defense may focus on whether the stop was lawful, whether testing was accurate, and whether the evidence truly shows impairment.

What Evidence Can Be Challenged in a Repeat DWI Case?

Several types of evidence are commonly used in DWI cases, and each must meet legal standards.

This may include:

• The reason the officer stopped your vehicle
• Field sobriety test results
• Breath or blood test accuracy
• The officer’s observations
• Whether proper testing procedures were followed

If problems exist with any part of the investigation, it may affect the strength of the case against you.

How Can Prior DWI Convictions Affect the Current Case?

Prior convictions can affect the penalties if a person is convicted again. Under Texas Penal Code § 49.09, repeat DWI offenses may lead to increased consequences.

However, prior convictions do not prove guilt in the current case. The court must still review the evidence and determine whether the prosecution has proven its case.

This means it is still possible to challenge the charge and defend yourself.

What Rights Do You Have After a Repeat DWI Arrest in Texas?

You still have important legal rights, even if you have been arrested before. These rights exist to protect you and ensure fair treatment.

You have the right to:

• Remain silent
• Require the prosecution to prove its case
• Challenge the evidence
• Have legal representation
• Present a defense in court

Using these rights can help protect your future and ensure your case is handled properly.

Can a Repeat DWI Charge Be Reduced or Dismissed?

In some situations, repeat DWI charges may be reduced or dismissed. This depends on the facts of the case and the quality of the evidence.

For example, if the traffic stop was not legally justified or if testing procedures were flawed, the case may be weakened. Every case is different, and reviewing the details carefully can help identify possible defenses. Taking action early can make an important difference.

Schedule Your Free Consultation With Our Weatherford, TX DWI Defense Attorney

Facing another DWI charge can feel stressful and uncertain. At Soraya Joslin, P.C., we understand how difficult this situation can be because we work closely with clients to protect their rights and explore all available defense options.

If you are facing a repeat DWI charge, contact our Parker County, TX DWI defense lawyer by calling 817-599-7005 to schedule your free consultation.