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What Are The Penalties For A Second DWI Conviction In Houston

What are the Penalties for a Second DWI Conviction in Houston, Texas?

What are the Penalties for a Second DWI Conviction in Houston, Texas?

A second DWI conviction takes your problems to the next level. That is all the more reason to hire a proven DWI lawyer like Clyde W. Burleson, P.C.

While society frowns upon any DWI, people can forgive one mistake. They are not as likely to forgive a pattern of bad behavior. You can expect the collateral consequences of a DWI to be more extreme with a second DWI conviction. In fact, the only positive of a second DWI is that it is not a third DWI conviction.

If arrested in Texas for a second DWI, you can expect the following penalties.

Second DWI Conviction Penalties

  • Offense Level: Class A Misdemeanor
  • Maximum Fine: Up to $4,000
  • State Surcharge / Superfines: Up to $4,500
  • Jail Range: 30 days to 1 year in county jail
  • License Suspension: 90 days to 1 year

+ Blood Alcohol Concentration (BAC) at or over .15

  • Offense Level: Class A Misdemeanor
  • Maximum Fine: Up to $4,000
  • State Surcharge / Superfines: Up to $6,000
  • Jail Range: 30 days to 1 year in county jail
  • License Suspension: 90 days to 1 year

+ Open Container Enhancement

  • Offense Level: Up to a Class A Misdemeanor
  • Maximum Fine: Up to $4,000
  • State Surcharge / Superfines: Up to $6,000
  • Jail Range: 30 days to 1 year in county jail
  • License Suspension: 90 days to 1 year

DWI Conviction with Child Passenger Younger than 15

  • Offense Level: State Jail Felony
  • Maximum Fine: Up to $10,000
  • State Surcharge / Superfines: Up to $6,000
  • Jail Range: 6 months to 2 years in state jail
  • License Suspension: 90 days to 2 year

Intoxication Assault (Injury)

  • Offense Level: 3rd Degree Felony
  • Maximum Fine: Up to $10,000
  • State Surcharge / Superfines: Up to $6,000
  • Prison sentence: 2 to 10 years in Texas department of Corrections
  • License Suspension: 180 days to 2 years

Intoxication Manslaughter (Death)

  • Offense Level: 2nd Degree Felony
  • Maximum Fine: Up to $10,000
  • State Surcharge / Superfines: Up to $6,000
  • Prison sentence: 2 to 20 years in Texas department of Corrections
  • License Suspension: 180 days to 2 years

DWI with CDL (Commercial Driver’s License)

  • Offense Level: Up to a Class A Misdemeanor
  • Maximum Fine: Up to $4,000
  • State Surcharge / Superfines: Up to $6,000
  • Jail Range: 30 days to 1 year in county jail
  • License Suspension: Potential CDL Disqualification

Additionally, drivers convicted of a second DWI face up to 2 years of supervised probation including:

  • Drug and alcohol testing
  • DWI education programs
  • Substance abuse evaluation program
  • 80 to 200 hours of community service

You will also be required to put an ignition interlock on your automobile for the duration of your trial and it will not be removed less than 1 year after the reinstatement of your license. Extreme cases may require you to attend a DWI impact panel where victims of DWI will describe the experiences they have endured due to the actions of drunk drivers.

Avoid a Second Conviction, Call Clyde Burleson

Arrested for a second DWI? Call Clyde W. Burleson, P.C. at 713-628-1503 for a free consultation.

 

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