San Antonio takes drunk driving seriously, and getting pulled over while under the influence is no small infraction. Just one Driving While Intoxicated (DWI) charge can cost a lot of time and money. Multiple ones compound the punishments, making things more difficult for the person arrested and the family members trying to secure their bail.
People with prior DWI convictions have to pay more for bail, have reduced bond eligibility, and are likely to have additional conditions to adhere to while out on bail. This post will explain what you can expect if a loved one with a history of DWI charges has been arrested for another one in San Antonio, and your options for bailing them out.
How Texas Views Repeat DWI Offenses
DWI penalties in Texas become more severe with each subsequent DWI charge. According to the Texas Department of Transportation, the legal penalties are:
First Offense
- A fine of up to $2,000;
- Up to 180 days in jail on being convicted (three days mandatory);
- Loss of driver’s license for a year.
Second Offense
- A fine of up to $4,000;
- One month to one year in jail on conviction;
- Loss of driver’s license for up to two years.
Third Offense
- A $10,000 fine;
- Two to 10 years in prison;
- Loss of driver’s license for up to two years.
There is also an additional state penalty of $3,000, $4,500, or $6,000 assessed at sentencing.
Prior DWI convictions can also bump the new DWI up from a misdemeanor to a felony.
Just as legal punishments for multiple DWIs escalate with each offense, bail cost in San Antonio/Bexar County increases with every additional DWI, and can even be denied based on prior convictions.
How Prior DWIs Affect Bail Amounts
Judges set bail higher for repeat offenders, and within the average range for each offense, different factors increase the bail cost.
The more past DWI convictions, the higher the bail. Other factors that boost the cost of bail (and therefore DWI bail bonds) include:
- The driver’s blood alcohol content (BAC) at the time of arrest;
- If the instance of drunk driving caused an accident;
- If victims were injured in the accident.
Bail for a first offense DWI in Bexar County can be between $1,500 and 3,000 or higher, depending on other factors. In San Antonio and throughout Texas, bail jumps to the $3,000 to $7,000 range for a second DWI, and between $10,000 and $20,000 for a third.
Risk of Bond Denial
In the magistration process, where a magistrate (judge) sets bail, repeat offenders are looked at more closely and carefully. Prior offenses, accidents caused while drunk driving, and impaired driving with minors in the vehicle, can lead to bond being denied, so a person must remain in jail to await trial.
A good lawyer and a knowledgeable bondsman can help you determine how best to navigate securing DWI bail bonds in such a complex situation.
What Co-Signers Need to Prepare For
When you co-sign on a DWI bail bond for a person with multiple DWIs, remember that:
- The cost will be higher, since the bond is a percentage of the total bail, and bail with multiple DWIs is higher;
- You might have to put up vehicles or other high-value property up as collateral to secure a bond for a high bail amount;
- A history of re-offending or missing court may indicate a greater likelihood of the person you’re bailing out violating bail conditions, leaving you on the hook.
No matter what the circumstances, you must stop, think, and understand the financial obligation and risk you take on when co-signing on a bond.
Conditions of Release for Repeat Offenders
When a person with multiple DWI charges gets out on bond for the most recent incident, they may face restrictions on their behavior while out, such as;
- Mandated use of a car ignition interlock device which breathalyzes the driver and prevents the car from starting if the BAC registers at a certain level;
- Restriction from traveling (to assure court appearances);
- Testing for alcohol consumption;
- Requirements to check in with the court regularly.
Not complying with any court imposed condition can lead to the revocation of bond, making you the co-signer responsible for the full bail and potentially leading to the offender’s re-arrest.
Working with an experienced bondsman in San Antonio can help make sure that a person out on bail for a DWI does not violate bail conditions, mistakenly or negligently. The bail bondsmen at River City Bail Bonds can help your loved one get bailed out if it’s an option, and keep them organized and on track to meeting their obligations to the court. Contact us to discuss how.
