Texas DWI Laws
Posted on 16. Jul, 2011 by Admin in DWI
The state of Texas, like other states, defines .08 parts per deciliter as the legal limit at which someone can be intoxicated and still drive. This is a federally-designated standard; what differs from state to state are the laws regarding penalties for driving while intoxicated.
Information provided as a reference only, to learn more about TX DWI Laws consult an experienced attorney.
First Offense DWI
A first offense DWI charge is a Class B misdemeanor, meaning that a defendant who receives a guilty verdict can be ordered to pay a fine up to $2,000, ordered to be jailed (by the county where the offense was committed) for up to 180 days, or both. 24 to 100 hours of community service may also be ordered by the court. A one-year driver’s license suspension may be imposed.
However, most people who are convicted of a first offense DWI receive one to two years of supervised probation. Supervised probation usually involves remaining at the same address and job for the term of the probation, attending state-regulated DWI education classes and classes about the effects of drunk driving on victims of accidents caused by people driving drunk. Completing the DWI education class will usually result in the court waiving the driver’s license suspension. If substance abuse problems are apparent, the defendant will be ordered to complete a drug and alcohol treatment program through the probation office. These are typical conditions of probation; other conditions may be imposed.
Second Offense DWI
A second offense drunk driving charge that occurs within ten years of the first DWI offense is a Class A Misdemeanor in Texas, and carries harsher penalties if the defendant is convicted and a special condition for release on bond. In order for the defendant to post bail and be released from jail while charges are pending, they must install a deep lung air device on their vehicle which will not allow the vehicle to start if the person has been drinking.
If the defendant is found guilty of a second DWI offense, they may be ordered to pay a fine up to $4,000, to serve between 72 hours and one year in jail, between 80 and 200 hours of community service, and a driver’s license suspension between 180 days and two years. An occupational or provisional license may be issued.
Third Offense DWI
Third offense DWI is a Third-Degree Felony in Texas. People found guilty of a third offense DWI are required to serve between two and ten years in a federal prison, to pay a fine up to $10,000, and to serve between 160 and 600 hours of community service, and license suspension between 180 days and 2 years. A deep lung air device may be required as a condition of any provisional or occupational license issued.
Preparing for trial and sentencing and knowing the potential outcome of charges against you is always beneficial, but only an attorney can provide an adequate defense in court. This is not legal advice.
