A Houston Attorney Explains The Potential Punishments For A DWI In Texas?
DWI 2nd offense is a very serious charge. The State of Texas says that a second offense DWI is a charge for when you get arrested while driving while intoxicated and have one previous DWI conviction. There isn’t any limit on how old the prior conviction has to be for a DWI to be enhanced to a 2nd offense DWI. There are more serious consequences on a DWI second offense compared to a conviction for a first offense DWI. It is problematic to defend a DWI 2nd offense since the jury is told at the start that the driver has a prior DWI. That information implies that the defendant has a propensity or habit of driving while intoxicated. Juries are provided with the same unfair information on a felony DWI third offense – however, in that case, it even wears since they are informed that the person has two previous DWI convictions. Since subsequent DWI charges are given very unfair treatment, it is extremely important to consult with a Houston DWI lawyer who can fight the DWI First charge aggressively. If you find yourself in said situation, make it a mission to reach out to aggressive Houston DWI Lawyer Jim Butler today.
DWI Second Offense Consequences
A DWI second offense is a type of class A misdemeanor that carries a punishment ranging from a jail sentence of 30 days to one year and/or maximum fine of $4,000 and potentially a driver’s license suspension that ranges from 180 days up to 2 years. Also, if there is a probated jail sentence, a DWI second offense probation will include a 3-day mandatory stay in county jail with a prior conviction that is more than 5 years old, or if there are prior convictions within the past 5 years, a 5 day stay in country jail. On conviction, there is also an annual surcharge fee of ,500 to ,000 each year for a total of 3 years for retaining your driver’s license. If the charge is a first offense of intoxication manslaughter or intoxication assault or a subsequent DWI offense, then as a bond condition, you will be required for your car to have an ignition interlock device installed, and you won’t be allowed to drive a motor vehicle that doesn’t have an interlock device for detecting alcohol on your breath. If there is a certain alcohol level that is detected by the device, the vehicle is disabled temporarily and, also, the accused will be ordered by the court to abstain from using alcohol as well as controlled substances without having a prescription. Random drug testing may be done in order for the court to enforce it.
Administrative Penalties For A Second Offense DWI
In Texas if you are legally arrested for a DWI within a ten year period of a prior drug or alcohol-related “enforcement contract” (such as a previous DWI or refusing to submit to a chemical test), then the DMV (Department of Motor Vehicles) can impose fees and enhance driver’s license suspensions whether you are convicted ultimately of a DWI or not. Whenever you refuse or fail “said” test, your license will be confiscated, and you will have 15 days starting from the date of your arrest for contesting this suspension. If during this time frame you do not notify the DMV that you would like to contest your suspension, your license stays suspended for a 12 month period beginning on the 41st day following your arrest. Your suspension is for one year if you end up failing your breath test (BAC is .08% or higher). However, if you refuse a test that violates the implied consent laws in Texas, then your license may be suspended for two years by the DMV. If in criminal court you ultimately are acquitted then the DMV suspension is set aside.
Ignition Interlock Device Following A Second DWI
As a condition for being released from jail, you will be required by the judge to have an ignition interlock device (IID) installed on any vehicles you are planning on driving. During the administrative license suspension period, you will be able to immediately get an occupational license as long as you do not have any prior alcohol-related license suspension during the preceding five years. The occupational license only allows you to drive to and from places such as work, school, and other places that are necessary for accomplishing essential household duties. However, if during the previous five years, you had a license suspension for alcohol or drug-related law enforcement events, then there is an initial hard suspension period of 90 days where you will be unable to do any driving. If you had a law enforcement contact in the previous five years, then the hard suspension is increased to 180 days. Also, you can only get one occupational license within a 10-year period. A yearly DMV license surcharge is also imposed by Texas of $1,500 a year for a total of three years. If you had a BAC of .16% or higher, then the annual fee is increased to $2,000.
Criminal Penalties For A 2nd Offense DWI
In Texas, a second DWI is a class A misdemeanor. Generally, the penalties include a jail sentence of 30 days up to one year. There is not a “lookback period,” meaning that any previous DWI conviction (or BWI for boating while intoxicated), no matter how long ago it occurred, will still be counted as a prior conviction. There is a maximum $4,000 fine, but there are various penalty assessments and fees that can increase the amount that you end up paying significantly. Convicted drivers may also face a probation period of up to two years and be required to complete a substance abuse evaluation, DWI education class and/or rehabilitation program, DWI Impact Panel or community service of 80-200 hours. An IID will be also be required to be installed on your car while the charges are impending, and for one year after your license is reinstated you will not be allowed to drive unless the vehicle has an IID installed. If you have multiple DWI offenses is it of great importance that you seek help from a Houston DWI lawyer today.
Amount Of Time Spent In Jail
In Texas, the sentencing law is quite complex. For instance, a minimum jail sentence might be listed in a statute that is longer than the amount of time that a defendant is required to spend in jail. There are all different types of factors that might affect actual punishment, which include jail-alternative work programs, suspended sentences, and creditors for having good in-custody behavior. If you are faced with criminal charges, then you should consult with a reputable Houston DWI lawyer. When you have an experienced attorney who is very familiar with your jurisdiction’s rule then he or she will be able to explain to you the laws that apply to your specific situation.
For related content check our Houston DWI lawyer blog. If you have any questions make sure to contact a DUI attorney in Houston by calling (713) 236-8744.