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Can I get a second DUI in Texas if my first was in another state?
Question:
Can I get a second DUI in Texas if my first was in another state?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Under Texas DUI laws, a second DUI in Texas is a serious matter; and even if the first offense was in another state, this will be considered a second offense in Texas. Texas is one of the 46 states that participate in the “Driver’s License Compact”. Participation in this compact means that Texas shares and receives information with 45 other states regarding certain types of convictions including DUI and DWI convictions.
Alaska, California, Montana, and Wisconsin are the only states not part of this compact. If you are from one of these states, it may be that the Texas DUI will be counted as your first. Sometimes, however, records can be located regardless of participation.
Should this be your second DUI (first degree misdemeanor), the law in Texas requires the court to order installation of an ignition interlock device requiring a breath test before the vehicle will start. Additionally, the fine for a second offense can be up to $4,000; not less than 72 hours or more than one year in jail; community service from 80 to 200 hours; and license suspension from 180 days to 2 years.
You should seek the advice of an experience DUI attorney to help in minimizing the fines and penalties for this second offense.
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