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Texas-DUI-DWI-Penalties

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					                                 DUI Attorney San Antonio TX
                                 18866 Stone Oak Parkway, Suite 10374
                                           San Antonio, TX 78258
                                                210-384-7900
                                Email: duiattorneysanantoniotx@gmail.com
                              Website: http://www.duiattorneysanantoniotx.com



           State of Texas DUI / DWI Penalties

Classifications and Range of Punishment for DUI Conviction


DUI, 1st Offense: Class B Misdemeanor in Texas

      Fine - A fine not to exceed $2,000.

      Jail - Confinement in the County Jail for a term of not less the 72 hours nor more that six
       (6) months. Open Container - If there was an open container of alcohol in your car when
       arrested, the minimum term of confinement is six (6) days in the county jail.

      Community Service - Texas law mandates that a judge order not less than 24 hours nor
       more than 100 hours.


Absent unusual facts, most persons convicted of a first offense DUI are granted community
                                                            general
supervision ("probation") of any confinement ordered. The general length of DUI probation is
       2
from 1-2 years. There are also conditions of community supervision ordered that are fairly
standard in most courts. Typical conditions imposed are:

                                                                                 sub
       Drug/Alcohol Evaluation - A person convicted of DUI will be required to submit to
       evaluation for probability of committing DUI in the future and/or to disclose a potential
       problem with alcohol or drug abuse. If a problem is detected, additional terms and
       conditions of probation are ordered to be administered through the Community
       Supervision Department.



      Attend and complete an approved DUI Education class within 180 days from the date of
       conviction (Satisfying this requirement will avoid the one (1) year drivers license
       suspension, unless if you were a minor (under 21) at the time of the offense.)




DUI Attorney San Antonio TX | State of Texas DUI / DWI Penalties                           Page 1
      Attend and complete a Victim Impact Panel. This is a forum that presents victims of
       drunk drivers to address persons convicted of DUI and warn of the dangers and perils of
       driving while intoxicated.



      Work faithfully at suitable employment, commit no other crimes, remain at the same
       residence and employment unless notification is given to the community supervision
       officer, report monthly to the supervision office, and pay all fines and costs in a timely
       manner.



      Pay a monthly supervisory fee. Perform a specified hours of community or volunteer
       service.


NOTE: If convicted, you will be given an Order Granting Probation. This Order will be specific
and unique to your case and fully sets forth the terms and conditions of your probation which
apply to you. It is the blueprint for your probation.

Additional Conditions of Probation that may be Ordered:

If your case presents unusual facts (accident, alcohol problem, prior alcohol contacts, bad driving
record etc.), additional conditions may be ordered. Most conditions are designed to address a
problem that appears from the facts or alcohol/drug evaluation that is performed on the subject
after conviction. Again, a specific order is given after each conviction. The following list is only
a general discussion of conditions that have been imposed in some DUI cases in my experience
and may not apply to you.

      Ignition Interlock Device - This provision requires that you install and maintain a device
       on any car which you intend to drive during probation. The device requires a breath
       sample before it will allow your car to start. Some devices require periodic breaths while
       driving. This condition is sometimes recommended after an unfavorable drug/alcohol
       evaluation during first-offense probation, and is almost always ordered as a condition of
       bond on a subsequent offense arrest.

      Alcohol Treatment - Attendance at AA or other counseling programs offered through
       the probation department. In extreme cases outpatient programs may be ordered. This
       condition is recommended after an unfavorable drug/alcohol evaluation.

      Consume no alcohol - Most courts require that a person not consume any alcohol during
       probation. This provision is monitored by periodic and random urinalysis at the probation
       office. Some courts will not even allow a probationer to enter a bar, tavern or lounge
       where alcohol is sold and consumed.

      Confinement - Again, in some extreme circumstances, the Court may order that a DUI
       offender serve confinement in the county jail as a condition of being granted probation.


DUI Attorney San Antonio TX | State of Texas DUI / DWI Penalties                             Page 2
      Restitution - If there was an accident followed by a DUI arrest, and if your insurance
       company has not paid damages to the other party, restitution of any unpaid amounts will
       be ordered by the Court as a condition of probation.

      Enhanced Penalties - (Prior alcohol or drug related criminal history) - Under Texas law,
       if it is shown that a person has been previously convicted of DUI, the punishment and
       penalties after conviction are increased or enhanced. The prior DUI conviction must have
       occurred within ten (10) years of the present arrest for DUI. Additionally, if a person has
       any prior DUI conviction within the previous ten year period (measured from dates of
       arrest), the State is then allowed to use any prior DUI conviction since obtaining a drivers
       license to enhance the accusation to a DUI, third offense. NOTE: Texas can use prior
       convictions that have occurred in other states for enhancement of punishment.



DUI, Second Offense: Class A Misdemeanor Special Condition for Jail Release on Bond:


It is important to note that if arrested and accused of a DUI Second or greater offense, Texas law
now requires the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BOND, that
the person install and maintain a deep lung air device on the car that the person intends to drive
and operate while charges are pending. The device requires a breath sample before it will allow
you to start your car. They also require periodic breaths while driving to monitor and insure
sobriety. New technology has made these devices "user sensitive" so that someone else cannot
blow into the device for the driver.

Although this provision seems to run afoul of the presumption of innocence, Texas Courts have
consistently held that such condition is necessary to protect a legitimate governmental interest in
making public roadways safe for the motoring public.

      Fine - A fine not to exceed $4,000.00.

      Jail - Confinement in the County Jail for a term of not less than 72 hours nor more than
       one (1) year.
      Community Service - Texas law mandates that a judge order not less than 80 hours nor
       more than 200 hours.

      Deep lung air device - Typically deep lung devices are required for all DUI second
       offenders during probation.

      Suspension of license - A person convicted of DUI, Second may have their driving
       privilege suspended for not less than 180 days or more than two (2) years.




DUI Attorney San Antonio TX | State of Texas DUI / DWI Penalties                             Page 3
DUI, Third Offense (or greater): Third degree FELONY

      Fine - A fine not to exceed $10,000.00.

      Jail - Confinement in the Texas Department of Criminal Justice, Institutional Division
       (Penitentiary) for a term of not less than 2 years nor more than ten (10) years.

      Deep lung air device - Deep lung air devices are generally ordered on all persons
       convicted of three or more DUI's both as conditions of bond and as conditions of any
       occupational or provisional licenses that may be awarded after conviction.

      Community Service - Texas law mandates that a judge order not less than 160 hours nor
       more than 600 hours.

      Suspension of license - A person convicted of DUI, Second may have their driving
       privilege suspended for not less than 180 days or more than two (2) years.

      Other - A third conviction for DUI indicates a significant problem with alcohol to the
       Court or jury assessing punishment. Some type of rehabilitative treatment is therefore
       mandated in punishment if confinement in the penitentiary is to be avoided. In some
       cases an in-patient, incarceration program (Substance Abuse Felony Probation SAFP) is
       ordered. This program requires confinement in a State Facility for alcohol rehabilitation.
       After successful completion of the SAFP program, the person is then released and placed
       on probation for a term not to exceed ten (10) years. Another popular condition for
       habitual DUI offenders is a prescription for a drug named "Antabuse". This drug will
       make a person violently ill if any alcohol is consumed. The alcohol can be contained in
       mouthwash or marinated food and will still have the same effect on the user. If a person
       has any type of liver problems, this drug can cause liver failure and death.

Texas law does not provide for any increased punishment after DUI, third offense. If a person
presents a DUI, fourth offense or beyond, the typical punishment is confinement in the
penitentiary from two (2) to ten (10) years without probation being granted. In some cases SAFP
may be granted upon proper request and showing that it is appropriate.

Intoxication Assault

Third degree Felony "A person commits an offense if the person, by accident or mistake, while
operating a .... motor vehicle in a public place while intoxicated, by reason of that intoxication
causes serious bodily injury to another" {Texas Penal Code §49.07}. " 'Serious Bodily Injury'
means injury that creates a substantial risk of death or protracted loss or impairment of the
function of any bodily member or organ".

      Fine - A fine not to exceed $10,000.00.

      Jail - Confinement in the Texas Department of Criminal Justice, Institutional Division
       (Penitentiary) for a term of not less than 2 year nor more than ten (10) years.

      Community Service - Texas law mandates that a judge order not less than 160 hours nor
       more than 600 hours.

DUI Attorney San Antonio TX | State of Texas DUI / DWI Penalties                             Page 4
Intoxication Manslaughter


Second Degree Felony "A person commits an offense if the person:
1) ...operates a motor vehicle in a public place, and...
2) ...is intoxicated and by reason of that intoxication causes the death of another by accident or
mistake."

      Fine - A fine not to exceed $10,000.00.Jail: Confinement in the Texas Department of
       Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year
       nor more than twenty (20) years.

      Community Service - Texas law mandates that a judge order not less than 240 hours nor
       more than 800 hours.


NOTE: If a person is involved in an accident where there is risk of death or death, a mandatory
blood sample will be taken for analysis and use in the prosecution of either Intoxication Assault
or Intoxication Manslaughter.




DUI Attorney San Antonio TX | State of Texas DUI / DWI Penalties                              Page 5

				
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