5 Year Rule

5 year rule interlock deviceDid you know? In the state of Texas, there is a “5 Year Rule” that is critical in second or subsequent DWIs? If it’s within 5 years from the conviction date of the PRESENT offense of DWI, to the offense date of the PREVIOUS DWI, you MUST serve 5 days in jail just to get probation on the second DWI.


If the offense date of your previous DWI is within 5 years of the offense date of your current DWI, it doesn’t matter how long the case was pending or when the conviction date was. After the end of the your license suspension, YOU MUST KEEP YOUR INTERLOCK DEVICE for ONE YEAR AFTER the end of your driver’s license suspension. The Interlock device requirement will apply EVEN IF YOU HAVE COMPLETED PROBATION or finished with jail time. The judge will NOT remove the Interlock device until ONE YEAR AFTER the end of the driver’s license suspension!


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