Understanding the Consequences for Repeat DUI Offenders in Texas

Any DUI offense in Texas can have severe consequences, but repeat DUI offenders face stiffer penalties, including lengthy jail sentences. Anyone facing a repeat DUI charge should seek legal help to avoid the worst outcome in their situation. A Collin County DUI defense lawyer from Rosenthal Kalabus & Therrian can guide you through the legal process and defend your rights.

The Basics of Texas’s Drunk Driving Laws

Under Texas law, the technical term for driving under the influence of drugs or alcohol is “Driving While Intoxicated” (DWI). There are two main ways that the authorities can charge a driver with DWI.

First, anyone over 21 caught driving with a blood alcohol content (BAC) of 0.08 percent or higher can face a charge of “DWI per se.” “Per se” means the law automatically assumes a driver is too impaired to drive a car safely, given their BAC.

However, drivers can also face DWI charges if they’re caught with any amount of drugs or alcohol in their system. Texas law explicitly says that it’s a crime to be intoxicated “while operating a motor vehicle in a public place.”

Finally, Texas law makes it illegal for drivers under 21 to drive with any amount of alcohol in their system. (This offense actually has the phrase “Driving Under the Influence” in the statute.) Like adults, minors can also face harsher penalties for repeat DUI offenses.

Penalties for Repeat DUI Offenders

A first-time DUI for drivers over 21 in Texas is a Class B Misdemeanor. A second DUI is a Class A misdemeanor, the penalties for which include:

• Between one month and one year in jail.
• A fine of up to $4,000
• A driver’s license suspension for up to two years.

A third DUI for drivers over 21 is a third-degree felony, and the penalties include:

• 2-10 years in prison
• A fine of up to $10,000
• A driver’s license suspension for up to two years

While a DUI charge for drivers under 21 is usually a Class C misdemeanor that doesn’t carry jail time, the penalties escalate for repeat DUI offenders. For a third or subsequent charge, minors convicted of DUI can face the following enhanced penalties:

• Up to 180 days in jail
• A fine between $500 and $2,000
• No possibility of a deferred sentence

Secondary Consequences of Repeat DUIs in Texas

While the legal penalties for a repeat DUI test are already severe, you could face other consequences as well. These secondary consequences can include:

• Employment Issues – A DUI conviction can cause you to lose your job, especially if it involves driving or requires a professional license. Similarly, many employers run criminal background checks on applicants. A repeat DUI makes you a risk in their eyes.
• Higher Insurance Rates – Car insurance premiums often spike after a DUI. Some insurers might even drop you after a repeat DUI, meaning you can’t drive until you find new insurance coverage.
• Housing Problems – Landlords might reject your rental application due to a criminal record.
• Reputation Damage – Word travels fast. A DUI conviction can hurt your standing in the community and with family or friends. Rebuilding that trust can take years.
• Child Custody Issues – A DUI conviction may influence a judge’s decision in family court, as these convictions suggest you’re an unsafe parent.
• Immigration Consequences – If you’re not a U.S. citizen, a DUI could impact your immigration status or lead to deportation.
• Financial Strain – In addition to fines, you’ll likely have to pay court fees, classes, an ignition interlock device, and other hidden expenses.
• Community Service Requirements – Judges often order community service in repeat DUI cases. That means hours of unpaid work that cuts into your life.
• Mandatory Alcohol Education or Treatment – You will likely be required to attend expensive classes or rehab programs after a repeat DUI conviction, possibly for months.
• Travel Restrictions – Some countries won’t let you enter with a DUI on your record. Canada is one example.

Can You Refuse a DUI Breath Test in Texas?

Since the police often use breath tests to catch suspected drunk drivers, it’s natural to wonder if you can refuse these tests. In short, it depends on the context of the test.

You can refuse a roadside breath test and any requests to perform field sobriety tests without facing legal penalties. It’s smart to refuse these tests in most circumstances, as the results can only hurt your case.

However, the Texas implied consent law requires you to comply with a chemical test after a DUI arrest. Refusing these tests will likely lead to an automatic driver’s license suspension. You could also face a DUI charge despite refusing the test if the police have other evidence against you.

Legal Defenses for Repeat DUI Charges

The best defense against repeat DUI charges depends on the specific facts of your case. Some possible strategies include:

• Unlawful Traffic Stop – If police stopped you without reasonable suspicion, your lawyer can ask the court to dismiss any evidence from the stop.
• Faulty Breath Test – Breathalyzers can give false readings if the police don’t properly maintain them or use them without adequate training.
• Medical Conditions – Certain conditions, like acid reflux or diabetes, can affect breath test results and mimic the effects of intoxication. Showing you suffer from one of these conditions can mitigate the evidence against you.
• Improper Field Sobriety Tests – Field sobriety tests are notoriously unreliable, which is why it’s often a good idea to refuse them. Poor instructions, bad weather, or physical issues with balance or coordination can lead to faulty results.
• Chain of Custody Errors – Improper handling of blood tests or other evidence can lead to inaccurate test results in DUI cases. Your lawyer can ask a judge to dismiss any evidence tainted by chain of custody issues.
• No Proof of Actual Driving – If no one saw you driving, the state may be unable to prove you were behind the wheel.

Contact Our Collin County Repeat DUI Defense Attorneys

Don’t risk the harsh consequences of a repeat DUI offense by not hiring a defense attorney. Rosenthal Kalabus & Therrian has extensive experience with repeat DUI cases and can find your best path forward. Call (972) 369-0577 now or complete our contact form for a confidential consultation.