Second Texas DWI am I going to jail?Recently on our legal forum a user asked, I was arrested for my second Texas DWI. I am twenty-two years old, and I am going to college next month. I am concerned that I will be sent to jail. Can you tell me what I need to know about a second Texas DWI arrest and the potential penalties I might face? Overview of Texas DWI It is illegal in every state, including Texas, to operate a motorized vehicle with a blood alcohol concentration of 0.08% or higher. Its also illegal to operate a motorized vehicle with any amount of alcohol in your system if you are not safely able to operate your car. You did not mention what evidence the state has against you or whether your BAC was above the legal limit, but in many cases, if the state has a legal BAC reading and its well above the legal limit theres a high chance you will be convicted of a second Texas DWI. Review the look back laws in Texas Another consideration, which you didnt specifically mention but which is important, is the time of your first Texas DWI arrest. You mentioned this was your second DWI, but if your first Texas DWI arrest was more than 10 years ago there is a chance that this could be your first Texas DWI. Since you did not specify, however, well assume this is your second Texas DWI and address the penalties you could face if convicted.
Penalties for second DWI in TexasIf you have been arrested for a second drunk driving offense and your last Texas DWI was within 10 years, you could be facing the following DWI penalties:
- Payment of a DWI fine up to $4,000 ($10,000 if child under the age of 15 is in the car)
- Jail term of 72 hours up to 1 year
- License suspension for 180 days to 2 years
- Possible installation of an ignition interlock device
- Addition insurance requirements (Texas SR22 insurance)
- DWI surcharge $1,500 per year for 3 years