How Texas Handles DWI Repeat Offenders

Texas law defines DWI "repeat offenders" as people who have been arrested for driving with a BAC of .15 or higher more than once in the last 10 years. The problem of repeat offenders is taken seriously in Texas, which has one of the highest DUI rates in the country. This article will describe what you can expect if you or someone you know has received a second drunk (or more) driving conviction.

First, following conviction, the person is required to undergo an assessment for a drug or alcohol dependency problem. Everyone with multiple drunk-driving convictions, regardless of the outcome of their assessment, is required to complete 36 hours of education on the dangerous of driving while intoxicated, and drug or alcohol abuse in general. The goal of the program is not only to reduce the rate of drunk driving, but to help people with substance abuse problems. The class focuses on accepting responsibility, building self-esteem and learning productive behaviors. This program is offered in many different locations, by various groups and charities authorized to do so by the state.

If the convicted person is evaluated as having a problem with alcohol abuse or dependency, they may also be given a choice by the judge: spend time in jail, or in a rehabilitative program. A third DWI conviction is considered a felony offense, so the opportunity to go to a clinic instead of prison may be very appealing to people who have been convicted twice or more previously.

A person's prior history is also taken into consideration when a judge decides for how long to suspend the person's license. The suspension for a first-time offense must be somewhere between ninety days and one year. If the person has already been convicted of drunk driving at least once at any point, the suspension must be six months to two years. And if one of the prior convictions happened within five years of the current one, the suspension must last from one to two years.

Even if your license is suspended, you may be granted an occupational license. This is a restricted license that only allows you to drive to work or a place of education. A long history of prior convictions will of course make it harder to obtain even an occupational license.