Like other states, Texas has passed severe DUI penalties for drivers who are charged and convicted of first, second, and third driving DUI offenses. Recently on our DUI forum a driver asked, “If I have been arrested for my second Dallas DUI, what can I expect? How expensive are the fines and will I have to spend time in jail?”
When can the officer stop you for a second Dallas DUI?
A police officer can stop your vehicle if they have probable cause to suspect you are impaired by alcohol and drugs. Common signs include weaving, stopping and starting, driving slowly, and running red lights and stop signs. After they make the stop they may find additional evidence of intoxication such as the smell of alcohol on your breath, red, glassy eyes, slurred words, statements you make about your intoxication, and a failed field sobriety test.
To charge you with a Dallas DUI the officer will attempt to verify through a serious of tests, including a field sobriety test and a chemical test, that you have a blood alcohol concentration of 0.08% or higher or that you do not have the “normal use of mental or physical faculties” due to the consumption of drugs or alcohol.
Second Dallas DUI penalties for a Texas DUI
After the DUI stop, if the driver is arrested and charged with a second Dallas DUI he will be charged with a Class A misdemeanor, assuming there are no serious injuries or death. Assessed fines for a Class A misdemeanor can be as high as $4,000. Jail time can range from 30 days to one year in jail. Judges and juries may accept probation for part of the jail sentence, although drivers will be required to spend at least five days in jail.
Probation after a second Dallas DUI and what that means for you
Drivers who are allowed to serve probation will have certain requirements they will have to fulfill. For example, drivers must complete a rehab evaluation program to determine if they need more specific treatment for alcohol addiction, they will be required to install an ignition interlock device on their car, and they will be required to attend a DWI repeat offender program, which is an approved 32-hour course covering alcohol abuse, driving impairment, and AA groups.
What about my driver’s license will I lose it?
Another concern after a second Dallas DUI is whether or not a driver will lose their license. If you are arrested for a second Dallas DUI and this is your second arrest within the ten year look back period you will face an automatic one year license suspension. This is an administrative suspension and is not contingent on a DUI conviction, but will be enforced if you chemical test is 0.08% or higher at the time of your second Dallas DUI or you refuse to take the chemical test.
If you are convicted of a second Dallas DUI the criminal conviction will also carry an automatic license suspension that can range from six months to two years.
Finally, expect to pay an annual surcharge under the Texas Driver Responsibility Program. This fee is $2,000 for three years for the right to keep your driver’s license.
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