Texas DWI, Second Offense: Class A Misdemeanor Special Condition for Jail Release on Bond:
It is important to note that if arrested and accused of a DWI Second or greater offense, Texas law now requires the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BOND, that the person install and maintain a deep lung air device on the car that the person intends to drive and operate while charges are pending. The device requires a breath sample before it will allow you to start your car. They also require periodic breaths while driving to monitor and insure sobriety. New technology has made these devices “user sensitive” so that someone else cannot blow into the device for the driver. Although this provision seems to run afoul of the presumption of innocence, Texas Courts have consistently held that such condition is necessary to protect a legitimate governmental interest in making public roadways safe for the motoring public. Fine: A fine not to exceed $4,000.00.Jail: Confinement in the County Jail for a term of not less than 72 hours nor more than one (1) year. Community Service: Texas law mandates that a judge order not less than 80 hours nor more than 200 hours. Deep lung air device: Typically deep lung devices are required for all DWI second offenders during probation. Suspension of license: A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.