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My driver's license or privilege to drive shall not be restored unless I have completed the service plan referenced below and paid all relevant fees. Minimize the risk of using outdated forms and eliminate rejected fillings.Should I plead guilty via the ACKNOWLEDGMENT AND WAIVER OF RIGHTS DWI FIRST OFFENSE CLASS B MISDEMEANOR form? A second DWI offense (DWI-Repeat Offender) is a Class A Misdemeanor. In the state of Texas, a second DWI is not considered a felony. But it is not necessary and a refusal to sign an offered acknowledgment form does not mean that rights were not waived. 14. It is standard police procedure that officers may not interrogate a suspect who is in custody unless he has waived his Miranda rights. For example, in New York a DWI is either a misdemeanor or a felony. For example, in New York a DWI is either a misdemeanor or a felony. Conditional students are those who complete Part II of the DA Form 597 (Army.