Penalties for DWI
Prescription drugs, alcohol, over-the-counter drugs such as Nyquil, and other depressant drugs; these are all substances that can impair one's ability to operate a vehicle if abused. Operating a motor vehicle while in an impaired state of mind is called driving while impaired, or DWI, and is illegal.
The penalties for being convicted of a DWI charge are increasingly serious depending on the number of past offenses. The penalties of each conviction can include a fine, jail time, community service or any combination thereof. Each additional offense naturally brings greater penalties than the last. Your first conviction of a DWI offense is classified as a class B misdemeanor. If a fine should be included in your penalties it can be up to $2,000. Penalties may also include up to six months in confinement in the county jail, but no less than 72 hours. If there was an open container of alcohol in your vehicle when you were arrested, then the minimum jail sentence is six days in the county jail. In addition to a fine and jail time, there is also community service. Texas law says that a judge cannot order any less than 24 hours of community service for a first time offender, however they cannot order more than 100 hours for the first offense.
Your second conviction of driving while impaired is classified as a class A misdemeanor. The second offense usually includes a special condition for jail release on bond. The fine for your second conviction cannot exceed $4,000. Jail time for your second conviction cannot be more than 1 year; however it cannot be any less than 72 hours in the County Jail. Community service can be no less than 80 hours and no more than 200 hours. In addition to these penalties the Judge may also suspend the license of a second DWI offender for no less than 180 days, and up to 2 years. If you are released on bail for your second offense, Texas law requires a special condition that you install and maintain a deep lung air device on the vehicle that you intend to operate while your charges are pending. The device will require a breath sample to verify your sobriety before you will be able to start your vehicle, the device may also require periodic breath samples while the car is in use. Newer technology has also become more user friendly so that it will only accept a breath sample from the offender, and no one can breathe into the machine on your behalf.
It has been said that this mandatory machine does not coincide with presumptive innocence in that the court assigning it constantly assumes the offender is being unlawful by asking for breath samples. Because of this, the machine has been accused of being unconstitutional. The Texas Courts have denied this, and consistently held that the deep lung device is a necessary tool used in order to protect a legitimate governmental interest in maintaining the safety of roadways for the general public, by lowering the risk of intoxicated drivers on the road.
A third offense or greater is classified as a third degree felony. Your third conviction of DWI may include a fine of up to $10,000. Jail time will be confinement in the Texas Department of Criminal Justice, Institutional Division, of no less than 2 years and up to 10 years. Community service will be up to 600 hours but no less than 160 hours of service. In addition to fines, jail time, and/or community service; the offender may have their license suspended for up to 2 years and no less than 180 days. For the third offense, a deep lung air device is required; however it is required of all third time offenders as a condition of bond, and as a condition of any occupational or provisional license that may be awarded after conviction.
In the case of a third conviction, instead of jail time the court may mandate some sort of rehabilitative treatment. The reason for this is that a third conviction indicates a significant alcohol problem to the court or jury. In some cases an in-patient program called Substance Abuse Felony Probation (SAFP) is ordered. After the sentence is completed through this program, and the person is released, they are then placed on probation for a term that cannot exceed 10 years. Another penalty that is given to some third time offenders is a prescription of a drug called Disulfiram. The brand name for Disulfiram is Antabuse, and the effects of this drug will make the person extremely ill if any alcohol is consumed. The alcohol can be from a hard liquor beverage or even mouthwash and marinated food. Anything consumed, with any amount of alcohol in it will have an effect on the individual taking Atabuse. This medication is prescribed to those classified as alcoholics; while this drug does not officially cure alcoholism it does a very good job at discouraging the consumption of it. If the person to whom this drug is prescribed has any kind of liver problems this prescription can cause liver failure and even death.
First, second, and third convictions of DWI carry with them dire consequences, however there is even greater punishment if anyone else is involved and is harmed or even killed. If an intoxicated person who is operating a motor vehicle harms another person, whether intentionally or mistakenly, it is called intoxication assault. If a person is killed, or an injury leads to death because of the negligence of an intoxicated driver, it is then called intoxication manslaughter. Both of these convictions have harsh consequences such as up to a $10,000 fine, and/or jail time for no less than two years and no more than ten years. As is evident, the penalties for any DWI are extremely severe, whether it is a first offense or intoxication manslaughter. In addition to the penalties, the stress involved with a case being taken to court can also be overwhelming. Because of this, no one deserves to be wrongly accused or convicted of driving while impaired, and have these harsh penalties thrust upon them.
The penalties for being convicted of a DWI charge are increasingly serious depending on the number of past offenses. The penalties of each conviction can include a fine, jail time, community service or any combination thereof. Each additional offense naturally brings greater penalties than the last. Your first conviction of a DWI offense is classified as a class B misdemeanor. If a fine should be included in your penalties it can be up to $2,000. Penalties may also include up to six months in confinement in the county jail, but no less than 72 hours. If there was an open container of alcohol in your vehicle when you were arrested, then the minimum jail sentence is six days in the county jail. In addition to a fine and jail time, there is also community service. Texas law says that a judge cannot order any less than 24 hours of community service for a first time offender, however they cannot order more than 100 hours for the first offense.
Your second conviction of driving while impaired is classified as a class A misdemeanor. The second offense usually includes a special condition for jail release on bond. The fine for your second conviction cannot exceed $4,000. Jail time for your second conviction cannot be more than 1 year; however it cannot be any less than 72 hours in the County Jail. Community service can be no less than 80 hours and no more than 200 hours. In addition to these penalties the Judge may also suspend the license of a second DWI offender for no less than 180 days, and up to 2 years. If you are released on bail for your second offense, Texas law requires a special condition that you install and maintain a deep lung air device on the vehicle that you intend to operate while your charges are pending. The device will require a breath sample to verify your sobriety before you will be able to start your vehicle, the device may also require periodic breath samples while the car is in use. Newer technology has also become more user friendly so that it will only accept a breath sample from the offender, and no one can breathe into the machine on your behalf.
It has been said that this mandatory machine does not coincide with presumptive innocence in that the court assigning it constantly assumes the offender is being unlawful by asking for breath samples. Because of this, the machine has been accused of being unconstitutional. The Texas Courts have denied this, and consistently held that the deep lung device is a necessary tool used in order to protect a legitimate governmental interest in maintaining the safety of roadways for the general public, by lowering the risk of intoxicated drivers on the road.
A third offense or greater is classified as a third degree felony. Your third conviction of DWI may include a fine of up to $10,000. Jail time will be confinement in the Texas Department of Criminal Justice, Institutional Division, of no less than 2 years and up to 10 years. Community service will be up to 600 hours but no less than 160 hours of service. In addition to fines, jail time, and/or community service; the offender may have their license suspended for up to 2 years and no less than 180 days. For the third offense, a deep lung air device is required; however it is required of all third time offenders as a condition of bond, and as a condition of any occupational or provisional license that may be awarded after conviction.
In the case of a third conviction, instead of jail time the court may mandate some sort of rehabilitative treatment. The reason for this is that a third conviction indicates a significant alcohol problem to the court or jury. In some cases an in-patient program called Substance Abuse Felony Probation (SAFP) is ordered. After the sentence is completed through this program, and the person is released, they are then placed on probation for a term that cannot exceed 10 years. Another penalty that is given to some third time offenders is a prescription of a drug called Disulfiram. The brand name for Disulfiram is Antabuse, and the effects of this drug will make the person extremely ill if any alcohol is consumed. The alcohol can be from a hard liquor beverage or even mouthwash and marinated food. Anything consumed, with any amount of alcohol in it will have an effect on the individual taking Atabuse. This medication is prescribed to those classified as alcoholics; while this drug does not officially cure alcoholism it does a very good job at discouraging the consumption of it. If the person to whom this drug is prescribed has any kind of liver problems this prescription can cause liver failure and even death.
First, second, and third convictions of DWI carry with them dire consequences, however there is even greater punishment if anyone else is involved and is harmed or even killed. If an intoxicated person who is operating a motor vehicle harms another person, whether intentionally or mistakenly, it is called intoxication assault. If a person is killed, or an injury leads to death because of the negligence of an intoxicated driver, it is then called intoxication manslaughter. Both of these convictions have harsh consequences such as up to a $10,000 fine, and/or jail time for no less than two years and no more than ten years. As is evident, the penalties for any DWI are extremely severe, whether it is a first offense or intoxication manslaughter. In addition to the penalties, the stress involved with a case being taken to court can also be overwhelming. Because of this, no one deserves to be wrongly accused or convicted of driving while impaired, and have these harsh penalties thrust upon them.
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