Second Offense DWI Penalties in Texas
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Texas traffic laws define DWI or driving while intoxicated as operating a vehicle of any sort while intoxicated. The laws further define intoxication as having a blood, breath or urine alcohol level of 0.08 percent or above. In the event that an individual is arrested in this state, a test is done and on confirmation of the alcohol levels, criminal charges are instituted against the defendant.
Now, Texas alcohol DWI laws carry certain penalties for offenders who may either be first, second or third time offenders. Each of these carries a different set of penalties. In case the individual is a second time offender, penalties for DWI 2nd offense are as follows:
• While the charges are still pending, the individual is required to install a deep-lung air device in their vehicle as a condition for release from jail on bond;
• Consequent to further litigation, a fine of not more than 4,000 dollars is levied;
• Incarceration in the local jail of a period between 72 hours and one year;
• Mandatory community service of between 80 and 200 hours;
• A possible suspension of one’s driving license. This could be for anything between 180 days and two years;
Penalties for DWI second offense vary from those for the first offense due to the deep lung air device, a requirement that precludes innocence before conviction. However, alcohol and intoxication laws in Texas remain adamant in requiring this.
On receiving a DWI charge in Texas, it is essential that one contact an experienced DWI lawyer immediately. This is because the flexibility of these DWI laws may allow the prosecution to escalate one’s DWI 2nd offense penalties into a 3rd offence case in light of any prior similar charges. Ensuring adequate representation when fighting these charges will make the difference in how the case fares and what final DWI 2nd offense penalties one will ultimately get.
