Police Officer Preparation & Law Enforcement Resource - Archive

Assuming that he hasn't been in a DWI accident or driven intoxicated with a child.

In Texas, a 5th DWI can get a person 99 years in prison (assuming now he's hit the 3 strikes provision with his 3rd and 4th DWI).

A first DWI is 72 hours to 6 months.
A second DWI 30 days to 1 year.
A third DWI is 2 years to 10 years.
A fourth DWI is 2 years to 20 years.
A fifth DWI is 25 years to 99 years.

simliar, don't know about that much jail time. they have habitual violator status laws here, however they include more than just dui.

http://www.lowefamily.org/communities/ga.htm


when I can find the code section (my book is in the car) I'll post it.

We have Habitual Traffic Offender (HTO) charges here as well...It seems like every dirtbag I pop for DUI/DWAI/DUID has approximately 5-8 prior DUI's/Driving Under Restraint and moving violations. I frequently see them within weeks of me booking them into jail. One thing I've learned is to not vest any personal interest in your pops, cause all the courts are gonna do is piss you off...just keep popping them and one day the DA and Judge will lose their sense of humor about it and stick em away.

A. Except as otherwise provided herein, any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person's blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, if the level was more than 0.20, for an additional mandatory minimum period of 10 days.

B. 1. Any person convicted of a second offense committed within less than five years after a first offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence.

2. Any person convicted of a second offense committed within a period of five to 10 years of a first offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence.

3. Upon conviction of a second offense within 10 years of a first offense, if the person's blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500.

C. 1. Any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000.

2. The punishment of any person convicted of a fourth or subsequent offense of § 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000. Unless otherwise modified by the court, the defendant shall remain on probation and under the terms of any suspended sentence for the same period as his operator's license was suspended, not to exceed three years.