Second Offense DUI in Texas

Texas is a state where first time DWI offenders can go to jail. Going before the court a second time for a charge of driving while intoxicated is certainly not a matter to be taken lightly. A second DWI inTexasis a Class A misdemeanor with harsh penalties.

Criminal Penalties:

–          When an individual is found guilty of a second DUI in a criminal court, their driver’s license will be suspended for an additional period ranging from 180 days to two (2) years. The Texas Code does not outline a specific fine for the conviction. However, the presiding judge in each case can order the guilty party to pay any amount up to $4,000.

–          A judge is required to order community service of at least 80 hours and may require the guilty party to serve as many as 200 hours. Incarceration is also required in these cases. The guilty party faces a sentence of 72 hours to a year in jail.

–          Texas courts use a second DUI conviction as an indicator that a person may have a substance abuse problem. This commonly prompts judges to order an evaluation or rehabilitative treatment.

Administrative Penalties:

–          A person who is accused of this crime will receive a notice to attend a hearing conducted by the Texas Office of Administrative Hearings. This is not a procedure to determine guilt or innocence, but rather one to assess the actions of the arresting officer and the blood alcohol content (BAC) of the accused. If it is found that the officer’s actions were legal and the individual had a BAC of .08 or higher, their driver’s license will be suspended for a year.

If you are facing DUI charges, do not attempt to handle them on your own. Contact an experienced Fort Bend county DUI defense attorney at your earliest convenience in order to have the best chance of successfully fighting your Texas DUI charges.


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