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DUI Penalties in Texas

The penalties for a common DUI, and intoxicated assault, and intoxicated manslaughter have varying degrees of severity.

For a normal DUI, a first drunk driving conviction will result in jail time, the minimum being 72 hours, and the maximum six (6) months. The motorist is also fined no more than $2000. Additionally, the motorist is required to surrender his or her license for no less than 90 days and not greater than one (1) year, perform no less than 24 hours and no more than 100 hours of community service and must pay a DWI surcharge of $1000 per year for three (3) years. Finally the motorist must complete a 12 hour DUI education program.

If a motorist is convicted a second time, within ten (10) years of the first conviction , he or she shall serve not less than 30 days in jail but not more than one (1) year in prison. The motorist is also fined no more than $4,000. Additionally, the motorist’s license is revoked for no less than 180 days and no more than two (2) years; he or she must perform no less than 80 hours and no more than 200 hours of community service, and must pay a DWI surcharge of $1500 per year for three (3) years. Finally, the motorist must complete a 32 hour Repeat Offender program. The motorist may apply for a restricted driver license; however, if such license is obtained, an ignition interlock device must be installed in the vehicle.

If the motorist is convicted three or more times, within ten (10) years of the two previous convictions, he or she shall serve no less than two (2) years but not more than ten (10) years in prison. The motorist is also fined no more than $10,000. The motorist license is revoked for no less than 180 days and no more than two (2) years; he or she must perform no less than 160 hours and no more than 600 hours of community service. The motorist may apply for a restricted driver license; however, if such license is obtained, an ignition interlock device must be installed in the vehicle.

For an intoxicated assault, a conviction will result in imprisonment for not less than two (2) years but not more than ten (10) years. The motorist is also fined no more than $10,000, and must perform no less than 160 hours and no more than 600 hours of community service.

For intoxicated manslaughter, a conviction will result in imprisonment for not less than two (2) years but not more than twenty (20) years. The motorist is also fined no more than $10,000, and must perform no less than 240 hours and no more than 800 hours of community service.


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