Being arrested for a second DUI in Texas is a serious charge because there is no ‘lookback’ period in the state.
That means that even if your first DUI was more than 10 years ago, Texas will still consider that first DUI when the second DUI occurs. This is different than in other states, in which a second DUI may be treated as a first DUI if the first DUI occurred more than a decade in the past.
So that means that the second arrest for DUI in Texas will carry severe penalties, including the possibility of jail time.
Let’s take a look at what you can expect after your second DUI offense in Texas.
The Consequences of a Second DUI In Texas
In Texas, a second DUI is considered a Class A misdemeanor, and the punishments include:
- A maximum fine of $4,000 and a maximum of two years of community supervision or probation.
- Between 72 hours and 12 months in county jail depending on prosecution’s recommendation and judge’s discretion.
- Mandatory installation of an ignition interlock device (IID) that analyzes a driver’s breath to determine blood-alcohol content (BAC). If the person convicted of a second DUI fails to install the IID within 30 days, the department of motor vehicles will cancel his or her driver’s license.
- 80 hours to 200 hours of community service
- Suspension of driver’s license for six months to two years
- Mandatory attendance at a DUI Victim Impact Panel
- Completion of a DUI Education class within six months of conviction
- Completion of a DUI Intervention Program which is designed for repeat offenders
- Mandatory drug and alcohol evaluation to determine if treatment is necessary
In addition to these fines and penalties, a judge may also impose other conditions if you are granted probation, including:
- Requiring you to keep a good job
- Barring you from committing another crime during the probationary period
- Obtaining permission prior to moving to another residence
- Barring you from consuming alcohol in any amount
- Providing restitution if your second DUI arrest caused property damage
Finding A Strong Defense Lawyer
A second DUI in Texas is not something that you want to try and tackle on your own because the law punishes defendants who are convicted for this type of DUI with harsher penalties. That’s why it’s so important that you secure the services of an experienced attorney that can help find ways to reduce the punishment that you face in these cases. The law firm of David K. Wilson and Associates has been handling DUI claims for years. We know the law, and we know how to help our clients obtain the best possible outcome. Please call us today at 903-870-9050 for a legal consultation.