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Charged with a second offense misdemeanor DUI?

The penalties for second time DWI include:

  • 30 days in county jail up to one year county jail
  • Driver’s License Suspension of 180 days to 2 years
  • Up to $4,000 in fines

If it can be shown that a person has a prior conviction for an alcohol related offense under Chapter 49 of the Texas Penal Code (a prior conviction for DWI) they are facing a Class A misdemeanor.

Probation is not an automatic possibility on a second DWI in Houston area courts, but many times it is available. You are typically facing a longer probation period, usually two years. You also are going to be required to do more community service and will have to have a Smart Start or Interlock device placed on your vehicle. This device will require you to blow into it to show you have not been drinking in order to start the vehicle.

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