If you are facing a DWI charge in Texas, should be aware of Texas Penal Code Sec. 49.09: Enhanced Offenses And Penalties. At its core, Texas Penal Code Sec. 49.09: Enhanced Offenses And Penalties outlines certain offenses that may “enhance” or increase the penalties of driving, boating, flying, or operating or assembling amusement park rides while intoxicated.
Here is what you need to know about Texas Penal Code Sec. 49.09: Enhanced Offenses And Penalties and how it may impact your case.
Texas Penal Code Sec. 49.09: Enhanced Offenses and Penalties
The punishment for a DWI in the state of Texas is quite severe. For your first offense, you may face up to $2,000 in fines, 180 days in jail, and the loss of your license for up to one year. However, certain offenses can increase the penalties you face.
According to the Enhanced Offenses and Penalties law, you may face increased penalties if convicted of any of the following offenses alongside your DWI (driving while intoxicated), BWI (boating while intoxicated), FWI (flying while intoxicated), or assembling or operating an amusement ride charge.
Prior convictions of a “similar offense” can result in a higher penalty, including being charged additional fees or even facing a felony.
If you severely hurt another person while flying, driving, or assembling or operating an amusement park ride while intoxicated, you may face a third-degree felony charge. Intoxication assault is charged under Texas Penal Code Sec. 49.07.
If, as a result of your intoxication, your actions cause the death of another person, you may face a second-degree felony in addition to any penalties for operating a vehicle or amusement park ride while intoxicated. The penalties for intoxication manslaughter in Texas can include up to 20 years in prison.
Status or Title of Victim
If convicted of injuring an emergency medical services personnel, firefighter, peace officer, or judge, you may face additional penalties and a felony of the first or second degree.
If You Are Facing a DWI, Contact a Texas DWI Lawyer Today
A DWI can have a severe impact on your life. You may lose your license to drive, face fines as high as $2,000, and face 180 days or more in jail. An experienced DWI lawyer in Texas can investigate all possible defenses, including determining if the stop was lawful, if the test was administered correctly, or if other medical conditions may have impacted your test results.
A DWI arrest does not equal a conviction, and you do not have to face this frightening situation alone. Do not panic, our experienced legal team is here to help fight for your future. Contact Eddington Worley Attorneys today at 855-600-6695 to discuss your legal options.