As a city of Texas, Dallas follows the state law when it comes to legal issues related to DUI or Driving Under Influence. Dallas DUI attorneys follow and abide by the Texas DUI laws. As determined by the Texas Penal Code: “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.” In the legislature of Texas, the term “intoxication” has been defined in two different ways –
1. Not having a normal mental or physical state due to the intake of alcohol, drugs, controlled substance or a combination of two or more of these substances or any other similar substances.
2. Having 0.08% or more concentration of alcohol in the body. The law however, considers intoxication by the way of the intoxicating substance. Even when the intoxicating substance (legal/ illegal) is a prescribed drug, if it deprives a driver from the normal use of mental or physical faculties, the case would be prosecuted in the usual process.
In this article you will find specific information about Dallas DUI penalties and the classification and range of punishment allotted for DUI conviction.
First Offense:
In Texas, DUI first offense is classified under class B misdemeanor.
• Jail: For DUI convicted individuals, a confinement in the Country Jail for a period not less than 72 hours nor more than 6 months is mandatory. During the time of arrest if an open container of alcohol is found in the vehicle, the confinement term would be minimum 6 days in the country jail.
• Fine: The fine does not exceed $2,000.
• Community Service: A judge order not less than 24 hours (1 day), nor more than 100 hours is mandatory as per Texas DUI law.
• Probation: The terms of probation for first Dallas DUI offenders are decided by the judge or jury.
• Conditional License: Based on “essential needs” a conditional or occupational driver’s license may be issued to the offender. This generally occurs when the court orders an offender into rehabilitation or alcohol assessment. Offenders possessing occupational license within 10 years are considered ineligible.
Second Offense and
Second offense is classified under class A misdemeanor. In this regard it must be mentioned that Texas law nowadays require the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BOND that the offender install a deep lung air device in the vehicle the accuse intend to drive while the charges are awaiting. This highly advanced device would ask for a breath sample before allowing the person to start the car. Periodic breath sample is required while driving in order to monitor the sobriety of the person.
• Jail: A confinement in the Country Jail for a period not less than 72 hours nor more than 1 year is mandatory.
• Fine: The fine does not exceed $10,000.
• Community Service: A judge order not less than 160 hours, nor more than 600 hours is mandatory as per Texas DUI law.
• License Suspension: Drivers’ license and driving privileges are suspended for not less than 180 days, nor more than 2 years.
However, if you are faced with DUI arrest or conviction in Dallas, it is best for you to identify a qualified Dallas DUI attorney and appoint the person to defend your case.
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