Friday, April 1, 2011

What is the Penalty for a Frisco, TX DUI?





The penalty for a DWI in Frisco, TX is pretty stiff compared to other parts of the country. Texas is one of the States that requires a mandatory jail sentence with a DWI arrest. If you are a first time offender for DUI, it is imperative that you contact a DUI attorney.

Penalties for DWI in Frisco, Texas

* First offense- An individual can be convicted for a DWI if the state can prove they have lost their physical or mental faculties or their blood alcohol level is greater than 0.08. The first DWI offense is considered a Class B Misdemeanor and carries penalties of up to 180 days in jail and a fine up to $2,000. The proceedings are generally held in the County Court. Community service will be assessed for at least 24 hours but not to exceed 100 hours.

* Second offense – If an individual is arrested a second time for a DWI, there must be a condition of release ordered by the court. This can include installing a deep lung machine on the car. Additionally, a fine up to $4,000 is required, jail confinement of no less than 72 hours or more than one year of community service. A judge can require the offender to serve at least 80 hours of community service but no more than 200 hours. The offender may also have their license suspended for at least 80 days but less than two years.

* Third offense – If an individual is convicted of DWI for a third time it is considered a third degree felony. They can be fined up to $10,000 and confined to prison for two to ten years. After conviction and release from prison, a deep lung air device is usually ordered as a condition of bond or release. Community service must also be completed for 160 to 600 hours and their driver’s license is suspended for 180 days to 2 years. The judge may also order a variety of alcohol treatment programs.

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