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DWI Second Offense: Class A wrong Special Condition for Jail Release on Bond



It is significant to note that if under arrest and accuse of a DWI Second or greater offense Texas law now require the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BONDthat the person fit and uphold a deep lung air device on the car that the person intends to drive and operate while charges are pending. The device requires a breath example previous to it will allow you to start your car. They also require periodic breaths while driving to monitor and insure sobriety. New technology has made these devices “user susceptible” so that a big shot else cannot blow into the device for the driver.Even if this stipulation seems to run afoul of the presumption of innocence, Texas Courts have consistently held that such condition is necessary to protect a legitimate governmental interest in creation public roadways protected for the motoring community.
Fine – A fine not to exceed $4,000.00.
Jail – Confinement in the County Jail for a term of not less than 72 hours nor more than one (1) year.
Community Service – Texas law mandates that a judge order not less than 80 hours nor more than 200 hours.
Deep lung air device – Typically deep lung devices are required for all DWI second offenders during probation.
Suspension of license – A person convict of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.

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