30 Jun 2012
We’ve been telling our clients and our readers for some time that the penalties for DWI (driving while intoxicated) are becoming increasingly harsh. We weren’t completely stunned, therefore, when we read that a Texas man was sentenced in May 2012 to a 45 year prison term after he was convicted of drunk driving.
Granted, this was no ordinary case. The defendant had four previous DWI convictions to his credit, and the recent one was number five. When he was pulled over this time, he told officers he had only drank two beers, but his blood alcohol content (BAC) was .18, more than two times the legal limit of .08.
So how do defendants end up with stiff, multi-year year sentences for DWI? After all, under section 49.04 of the Texas Penal Code, a first DWI offense is ordinarily a Class B misdemeanor. Even with a BAC of .15 or more, as in this case, it’s still a misdemeanor, but moves up to Class A. In either case, while there may be mandatory jail time, fines, insurance surcharges and loss of driving privileges, the maximum jail time is six months (Class B) and one year (Class A).
But as a repeat offender under the DWI statute, or as a habitual felony offender under the enhanced sentencing provisions of PC 12.42, a single conviction for DWI can bring, without any injury or death resulting from the offense, a 20-year term as a Class 2 felony.
The reports we read regarding the lengthy prison sentence did not contain a lot of detail beyond the basic facts that the defendant had multiple DWI convictions. The one detail we can report on is that the defendant represented himself on the charge, and as we’ve been told, he who represents himself has a fool for a client.
DWI charges in Texas are no laughing matter. Even a first offense brings the possibility of jail, fines, and more. And the loss of your license can turn your entire life upside down. If you have been charged with DWI, contact an experienced Austin DWI lawyer to protect your interests.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737