Aggravating Factors in DWI Cases

 Posted on November 22, 2022 in DWI

A Carrollton police officer was killed while assisting another officer with a driving while intoxicated (DWI) investigation in the westbound lanes of 1905 East President George Bush Turnpike last month. The 82-year-old driver who struck the squad car was pronounced dead at the scene.

While the scene of the crash was a DWI investigation, that was a separate case. However, the accident is a good reminder for all people to be aware that DWI charges in Texas can be enhanced when people are involved in motor vehicle accidents that involve police officers. There are many other reasons that people can face aggravated criminal charges.

Types of Aggravated DWI Charges

DWI is generally a Class B misdemeanor offense, but a person can face Class A misdemeanor charges when they have a breath or blood alcohol concentration (BAC) of 0.15 or more. A DWI committed with a child passenger, meaning a passenger less than 15 years of age, is a state jail felony.

Intoxication assault is a third-degree felony and intoxication manslaughter results in second-degree felony charges. Texas Penal Code § 49.09 creates multiple enhanced offenses and penalties.

Under Texas Penal Code § 49.09(a), repeat DWI offenses are Class A misdemeanors. Texas Penal Code § 49.09(b) states that a DWI offense is a third-degree felony when a person has one prior conviction for intoxication manslaughter or a similar offense in another state, or two prior DWI convictions.

Under Texas Penal Code § 49.09(b-1)(1), intoxication assault is elevated to a second-degree felony when a person causes serious bodily injury to emergency medical services personnel or a firefighter. Texas Penal Code § 49.09(b-1)(2) makes it a first-degree felony for a person to cause serious bodily injury to a peace officer or judge.

Under Texas Penal Code § 49.09(b-2), intoxication manslaughter is a first-degree felony when a person causes the death of a firefighter, emergency medical services personnel, a peace officer, or judge. Texas Penal Code § 49.09(b-4) makes intoxication assault a second-degree felony when an alleged offender causes serious bodily injury to another in the nature of a traumatic brain injury (TBI) resulting in a persistent vegetative state.

Contact a Frisco DWI Attorney 

Were you recently arrested for an alleged DWI offense in North Texas? It will be important for you to work with a Collin County DWI lawyer at Law Offices of Biederman & Burleson P.L.L.C. who can aggressively defend you in court.

Our firm has a record that includes hundreds of not guilty verdicts. You can call 469-333-3333 or contact us online to schedule a free consultation and case review with our Collin County DWI lawyer.

Sources:

https://www.nbcdfw.com/news/local/carrollton-officer-killed-responding-to-dwi-investigation/3100416/

https://statutes.capitol.texas.gov/Docs/PE/pdf/PE.49.pdf