1 Oct 2014
We seem to be reading more and more reports of people who are accused of driving while intoxicated, and whose charges eventually include additional but related crimes. An example appeared in the news last week, involving an Austin man who was stopped by police after an alleged hit and run, and who now faces added charges in his case.
According to police, a woman said the suspect, Santiago Pesina, ran into her car and refused to stop. The woman claims that she followed Pesina and called the police, telling them that the man’s car was swerving all over the road. Police officers caught up with the driver, who refused to get out of his car. He was initially detained for leaving the scene of an accident, but when he emerged from the vehicle, the officers say they noticed the smell of alcohol.
Field sobriety tests were performed, and the officers claim that Pesina struggled with some of them. His blood alcohol content (BAC) was later measured at .268. In case you don’t know, that’s more than three times the legal limit of .08. It’s also well above a BAC of .15, which can lead to an enhanced penalty if you are convicted of DWI. He was charged with leaving the scene and DWI, and because he had three children in the vehicle, the additional charge of DWI with a child passenger was added.
When we speak about an offense, such as DWI, and the possibility that additional, related charges may sometimes be tacked on, you might expect that the primary charge – DWI – would be the most serious. But remember that DWI, without more, is a class B misdemeanor. Even with a BAC of .15 or higher, it only moves up to a class A misdemeanor. However, the additional charge in this case is a felony.
This is just one instance where an ancillary offense relating to a DWI can lead to a more serious crime being charged, and stiffer penalties imposed, than for the primary charge itself. We should add, of course, that DWI can also be charged as a felony in certain circumstances, among them where there has been a prior history of DWI.
Law Office of David D. White, PLLC
1201 Rio Grande Street #200
Austin, TX 78701
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