2nd DWI offense in Texas

What is DWI offense ?

Driving While Intoxicated (DWI) is considered a serious offense in the state of Texas. A person suffering from mental and physical disabilities while driving can be convicted under DWI charge in Texas.

Where a driver of a vehicle is subject to blood and breathe test by the officials his cooperation is implied. His license is suspended for a period of 180 days if he fails to cooperate with the officials. The allowed limit of Blood Alcohol Concentration (BAC) is .08%. Zero Tolerance Law is applicable to persons under the age of 21. Administrative License Revocation (ALR) is automatically implemented against the accused if he fails to cooperate for the tests or if the test results are above the permissible limits. In any case the revocation can be suspended provided the accused requests for a hearing within 15 days from the date of suspension.

Second DWI offense

Where an individual is subject to a DWI offense for the second time within 10 years from the date of first offense is called a second DWI offense. This offense is classified under Class A Misdemeanor.

Consequences of 2nd DWI Charge – Class A Misdemeanor

It is to be noted that where a person is convicted under second DWI charge the Texas law requires the court to order as a “condition to release from Jail or Bond” that the accused shall install and maintain a deep lung air device in the car which he intends to operate while his charges are still pending. This device requires the accused to give his breath sample before allowing him to start the car. This equipment is “user sensitive” in such a way that someone else cannot blow into the equipment in the place of the accused. This device also requires periodic breath test while driving to ensure sobriety.

In addition to the above the convict is subject to a fine not exceeding $4,000, jail term of not less than 72 hrs and not more than 1 year, community service of minimum 80 hours and not exceeding 200hrs, license suspension for a minimum period of 180 days not more than 2 years.