Getting pulled over by the cops for drunk driving is terrifying. Getting pulled over for a second DUI is even worse. Texas has some of the strictest penalties for people with second DUIs in all of the United States.
If you or a loved one has struggled with drunk driving, it is very important to take any and all precautionary measures possible. Making sure you have a designated driver and staying the night if you feel you have had too much to drink are both great examples.
But let’s say you do get in your car and get pulled over?
Let’s talk about what the great state of Texas might have in store for you.
A Crime By Any Other Name
The first important thing to note is that there is, in fact, a difference between a DUI and a DWI. And that difference is a good thing to know when it comes to understanding how the state sees them.
A DUI, or driving under the influence, refers to driving after using drugs or alcohol. A DWI, or driving while intoxicated/impaired is more often than not for drinking only. Usually, people get a DWI as a result of a failed breathalyzer test.
A DUI is reserved for drug or alcohol levels under the legal limit of 0.08%. Texas considers this a lesser crime. A DWI is for alcohol levels at 0.08% or over.
A common play for a lesser sentence is to try and convert a DWI to a DUI. If the breathalyzer registered around the 0.08%, it is possible.
Of course, one should always consult an attorney who specializes in the field before taking any action.
Consequences of a Second DUI
Now that you have an idea of what is considered a DWI and DUI, it is also good to talk about the potential consequences of obtaining one more than once.
If you get a DWI or DUI for the first time, it is usually a fairly straightforward process to sort out, whether it be paying a fine, attending a 12 step program, or serving a relatively insignificant amount of time.
The second time around, however, Texas won’t be so kind.
Texas has been cracking down on drunk drivers a lot lately. Austin has been ranked as one of the top ten cities in the United States for the number of driving violations.
The punishments for a second DUI in the state of Texas can include the following:
- A maximum fine of $4,000
- A maximum of two years of probation
- A 72-hour to a twelve-month jail sentence
- Mandatory installation of an ignition interlock device
- 80 hours to 100 hours of community service
Get the picture?
What We Can Do to Do Better
Texas is doing their utmost to make DUIs happen as little as possible, and we can’t blame them. What we can do is try to make sure we avoid incurring a second DUI.
Sometimes life happens though, and that’s where a good lawyer comes in.
If you or anyone you know needs an attorney who specializes in DUIs/DWIs and has a great record of success, be sure to contact our firm today.