Repeat DWI/ DUI Offenders

As you might expect, the court system gives an accused person charged with a subsequent DWI much more attention.

By Statute, the Judge must order a breath test devise installed on a defendant's car as a condition of bail if the defendant is charged with a subsequent DWI. In the old days, some judges would let this requirement slide. No more. Nothing worries Judges more than bad publicity and there's no worse publicity for a County Court Judge than a defendant getting into an intoxication-related accident while on bail for his second DWI.

However, an accused on his third or greater DWI probably won't have to worry about the requirement that he install a breath test devise on his car. Our experience as drunk driving defense attorneys has been that most Judges aren't permitting defendant's with a felony charge to drive while on bail.

PUNISHMENT FOR A SECOND DWI

A conviction for a second DWI carries with it more punishment. The top end of the range of punishment is increased to a maximum of one year in jail. Probation is still available, but there is a minimum of 3 days in jail required as a condition of probation.

PUNISHMENT FOR A FELONY DWI

A DWI charge after two prior convictions for Driving While Intoxicated is a third degree felony. Punishment is ratcheted up, with a range of 2 to 10 years in prison. Probation is still available, but felony probation is onerous and minimum jail time rises to 10 days.

OCCUPATIONAL LICENSE ELIGIBILITY

Currently, no matter how many prior DWI's you have received you are still potentially eligible for an occupational license. However, you should be aware of two problems that DWI/DUI repeat offenders will likely face in obtaining an occupational license.

FACING THE POSSIBILITY OF A YEAR'S WAIT TIME AFTER A REPEAT OFFENSE

If this is your second DWI offense and your second driver's license suspension, your occupational license might not take effect immediately. If your license was previously suspended upon conviction of an intoxication offense in the last five years, the law does not allow for your occupational license to become effective until one year after the effective date of the new suspension.

WAS YOUR LICENSE SUSPENDED ONLY BECAUSE YOU REFUSED THE BREATH TEST?

If you had your license suspended because of a breath test refusal in the previous five years, your occupational license might not take effect until 90 days after the effective date of the new suspension. This is true irrespective of whether you were actually convicted of any prior intoxication offense.

Contact a criminal defense lawyer at Stradley, Chernoff & Alford, L.L.P. for legal help with your Texas DWI/DUI arrest.