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Situations that could enhance a DWI charge

On Behalf of | Nov 11, 2021 | Criminal Defense |

Receiving a citation for driving while intoxicated in Texas is a serious legal matter. Even a first DWI can result in significant fines and at least three consecutive days in jail. And that is not to mention up to $2000 in fines and a driver’s license suspension period. However, there are also situations where intoxicated drivers can be charged with enhanced DWI as well, and the outcome is assuredly much worse than a typical first conviction with no extenuating circumstances.

High BAC arrests

The first type of drunk driving charge that can be enhanced is being tested on a recognized breath device and registering .15 or greater. The BAC alone justifies the enhanced charge per Texas state law even for a driver with no prior DWI convictions.

Intoxication assault

Beyond enhancement for a high BAC reading, drunk driving charges can also be enhanced when the defendant is involved in an accident and someone suffers a bodily injury. The .08 BAC is all that is necessary to justify this charge and standard charges will apply as well. Additional charges can also apply when the victim is a child or even in a vehicle in a standard DWI case.

Intoxication manslaughter

Legal matters really get serious when a drunk driver is involved in an accident that results in a fatality. Not only could the defendant be facing significant prison time, but they can also be sued for wrongful death in the process.

These are the primary situations when an impaired driver can be charged with enhanced DWI in Texas. All drivers should think seriously when drinking or taking drugs and getting behind the wheel of a vehicle because prosecutors are serious about charges when anything happens.