Punishments for many crimes have gotten more severe over the years. One of the reasons America’s prison population has grown is that people are being sent there for longer stretches. Driving While Intoxicated (DWI) is no exception, as sentences are much longer than in generations past.
Still, most people would be surprised at the thought of a life sentence for DWI. What situations could result in such a drastic sentence?
Misdemeanor Drinking and Driving
First, DWI can be a misdemeanor. The Texas Department of Transportation lists the penalties for a first offense DWI as:
- A maximum fine of $2,000.
- Up to 180 days in jail, including three mandatory days.
- The loss of your driver’s license for up to a year.
In most cases, a first offense DWI will not lead to the maximum penalty.
Escalating Penalties & Felonies
Repeat offenders face stiffer penalties than first offenders. The second offense can lead to a maximum of one year in prison. The third offense is punishable by a maximum of 10 years in prison. Prior offenses are “enhancers,” meaning they can lead to longer penalties upon conviction.
However, a prior DWI is not the only thing that can lead to a longer sentence. If your blood alcohol level is above .15, roughly twice the legal limit, you can face harsher penalties. Another form of enhancement is getting caught drinking and driving with a child in the car, which is an automatic felony.
Arguably the most serious enhancers are DWI accidents that injure or kill other people. A DWI accident that leads to a death can lead to charges of intoxication manslaughter. That’s a first- or second-degree felony.
How Does DWI Lead to a Life Sentence?
It may be surprising to see how drinking and driving can lead to a life sentence. Felonies and enhancements can increase your jail time and fine, but it’s not just that; it’s a matter of repetition. A fifth DWI conviction, even with no injuries or deaths, can be punished by life in prison in Texas. This is not a regular occurrence, but it’s a possibility.
A Comal County man was recently sentenced to life in prison following his sixth DWI conviction. None of the accidents led to a loss of life. The first offense occurred in 1986 and was followed by convictions in the 1990s, 2000s, 2010s and, most recently, in 2023. That pattern was considered serious enough to warrant a life sentence.
Strong Defense in DWI Cases
Every DWI charge is serious. If you’ve been arrested, you can’t afford to take the matter lightly. If you can avoid a conviction, you owe it to yourself to explore all your options.
At Lee & Wood, LP, our Texas criminal defense attorneys have extensive experience in DWI cases. Call us today at 817-678-6771 or contact us online to schedule a consultation.