Second DWI - Class A Misdemeanor
Second DWI - Class A Misdemeanor
WARNING : The State of Texas requires the Court to order, as a condition of yourbond, that you install and maintain a deep lung air device on the car you drive. This device requires you to blow into it before it will allow you start your car. If it detects the presence of alcohol, it will disable your car. If you are driving a car and have not obtained an interlock, do so immediately or your bond will be revoked and you will be arrested.
Range of Punishment
Jail: Confinement in the county jail for not less then 30 days but not to exceed more than 1 year.
Fine: A fine not to exceed $4,000.
A) Jail time, fines, and court costs:
Jail Time: In DWI 2nd cases, jail time is common. You should expect to receive between 3 to 30 days in the county jail as a condition of probation, depending on the facts of your case.
Fine: You will have to pay a fine through probation. It is typical for a DWI 2nd to pay around a $1,500 fine for your second offense, but the fine can go as high as $4,000.00.
Court Costs: You will have to pay court costs of approximately $300.
Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.
Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.
B) Community service and classes:
Community Service: Texas law mandates that you perform a minimum of 80 hours, but not more than 200 hours of community service if granted probation.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.
Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.
C) Conditions set by the probation department:
Jail time with Probation: If probation is granted and you were convicted within 5 years of your 1st DWI, you must serve a minimum of 5 days in jail as a condition of your probation, depending on the county of jurisdiction.
If probation is granted and you were convicted within 10 years of your 1st DWI, you must serve a minimum 3 days in jail as a condition of your probation.
Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you to have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.
Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.
Employment: You will be ordered to maintain or find suitable employment during probation.
Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.
Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.
D) Judicial Conditions:
Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.
Deep Lung Air Device: This is formally called the "ignition interlock." In order to start your car, you have to blow into the device, and if it detects a certain amount of alcohol, it will not let you start your car. It is mandatory for all DWI 2nd cases as a requirement of your bond and may be used a condition of your probation.
Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!
E) Miscellaneous:
Drivers License Suspension: Your license may be suspended for not less than 180 days to 2 years.
Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $1,500.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.
Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.
WARNING : The State of Texas requires the Court to order, as a condition of yourbond, that you install and maintain a deep lung air device on the car you drive. This device requires you to blow into it before it will allow you start your car. If it detects the presence of alcohol, it will disable your car. If you are driving a car and have not obtained an interlock, do so immediately or your bond will be revoked and you will be arrested.
Range of Punishment
Jail: Confinement in the county jail for not less then 30 days but not to exceed more than 1 year.
Fine: A fine not to exceed $4,000.
A) Jail time, fines, and court costs:
Jail Time: In DWI 2nd cases, jail time is common. You should expect to receive between 3 to 30 days in the county jail as a condition of probation, depending on the facts of your case.
Fine: You will have to pay a fine through probation. It is typical for a DWI 2nd to pay around a $1,500 fine for your second offense, but the fine can go as high as $4,000.00.
Court Costs: You will have to pay court costs of approximately $300.
Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.
Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.
B) Community service and classes:
Community Service: Texas law mandates that you perform a minimum of 80 hours, but not more than 200 hours of community service if granted probation.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.
Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.
C) Conditions set by the probation department:
Jail time with Probation: If probation is granted and you were convicted within 5 years of your 1st DWI, you must serve a minimum of 5 days in jail as a condition of your probation, depending on the county of jurisdiction.
If probation is granted and you were convicted within 10 years of your 1st DWI, you must serve a minimum 3 days in jail as a condition of your probation.
Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you to have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.
Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.
Employment: You will be ordered to maintain or find suitable employment during probation.
Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.
Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.
D) Judicial Conditions:
Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.
Deep Lung Air Device: This is formally called the "ignition interlock." In order to start your car, you have to blow into the device, and if it detects a certain amount of alcohol, it will not let you start your car. It is mandatory for all DWI 2nd cases as a requirement of your bond and may be used a condition of your probation.
Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!
E) Miscellaneous:
Drivers License Suspension: Your license may be suspended for not less than 180 days to 2 years.
Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $1,500.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.
Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.