What Determines A Vehicular Homicide Sentence From DWI?

What Determines A Vehicular Homicide Sentence From DWI?

Understanding DWI Vehicle Homicide Charges Under Texas Penal Code Section 49.08

When you’re facing charges for driving while intoxicated (DWI) or the more severe DWI vehicle homicide in Texas, it’s not just a legal matter, it’s a life-altering event. As a seasoned criminal defense attorney based in Galveston, Texas, I understand the complexities and nuances of these charges and the severe consequences they carry. My goal is to provide you with a clear understanding of what you’re up against and how a dedicated defense strategy can help you navigate these challenging times.

What Is DWI In Texas?

Driving while intoxicated, commonly known as DWI, is a serious offense in Texas. According to Texas law, a person commits a DWI offense if they are intoxicated while operating a motor vehicle in a public place. Intoxication is defined as not having the normal use of mental or physical faculties due to the consumption of alcohol, drugs, or a combination thereof, or having a blood alcohol concentration (BAC) of 0.08% or higher.

The penalties for a DWI in Texas are severe and can include fines, imprisonment, community service, mandatory alcohol education classes, and license suspension. For a first-time offender, the penalties might include

• a fine up to $2,000,
• jail time ranging from three to 180 days, and
• a license suspension for up to a year.

However, the consequences escalate with subsequent offenses.

Understanding DWI Vehicle Homicide

DWI vehicle homicide, also known as intoxication manslaughter, is an even more serious charge. This occurs when an intoxicated driver causes an accident that results in the death of another person, including passengers, pedestrians, or other drivers. Under Texas Penal Code Section 49.08, intoxication manslaughter is classified as a second-degree felony, which carries a potential prison sentence of 2 to 20 years and a fine up to $10,000.

The emotional and legal ramifications of a DWI vehicle homicide charge are profound. If you find yourself facing such charges, it’s crucial to understand that the prosecution will pursue the case aggressively, seeking to impose the maximum penalties. This is why having an experienced criminal defense attorney by your side is indispensable. With the right representation, you can navigate these challenging times with confidence.

The Criminal Justice Case Process In Texas

The criminal justice process in Texas is intricate, and each step is critical in building a solid defense. Here’s a breakdown of the process and how a defense attorney can assist at each stage:

Arrest And Initial Detention

The process begins with the arrest, where the law enforcement officers will take you into custody if they believe you are driving while intoxicated or if you are involved in an accident resulting in death. During this time, it is essential to exercise your right to remain silent and request an attorney immediately.

As your attorney, I would work to secure your release from custody, whether through bail or bond. I would also advise you on how to handle police questioning and ensure that your rights are protected. Early intervention can sometimes mean the difference between remaining in detention or being released while awaiting trial.

Arraignment

The arraignment is your first court appearance, where the charges against you are formally read, and you enter a plea of guilty, not guilty, or no contest. At this stage, I would provide you with a thorough understanding of the charges and potential consequences, helping you make an informed decision about your plea.

Pre-Trial Motions And Discovery

During the pre-trial phase, both sides will file motions, and the discovery process begins. Discovery involves the exchange of evidence between the defense and the prosecution. This can include police reports, witness statements, and any other relevant materials.

I would diligently review all evidence, identifying any inconsistencies or procedural errors that could work in your favor. Filing pre-trial motions can also help suppress evidence obtained unlawfully or argue for the dismissal of charges based on legal technicalities.

Plea Bargaining

In some cases, it may be beneficial to negotiate a plea bargain with the prosecution. This involves pleading guilty to a lesser charge in exchange for a reduced sentence. As your advocate, I would negotiate aggressively on your behalf, seeking the best possible outcome given the circumstances.

Trial

If a plea bargain cannot be reached, the case proceeds to trial. During the trial, both sides present their evidence and arguments to a judge or jury. I would construct a robust defense, cross-examining witnesses, challenging the prosecution’s evidence, and presenting a compelling case for your innocence or mitigating factors.

Sentencing

If you are found guilty, the case moves to the sentencing phase, where the judge determines the appropriate punishment. I would argue for leniency, presenting evidence of your character, mitigating circumstances, and any other factors that could reduce your sentence.

FAQs About DWI And DWI Vehicle Homicide In Texas

What should I do if I’m pulled over for a suspected DWI?

If you’re pulled over, it’s crucial to remain calm and respectful. Provide the requested documents (license, registration, proof of insurance), but avoid making any incriminating statements. Politely decline any field sobriety tests and request to speak with an attorney immediately.

Can I refuse a breathalyzer or blood test?

Under Texas’s implied consent law, refusing a breathalyzer or blood test can result in an automatic license suspension. However, you have the right to refuse. If you do, law enforcement may seek a warrant to compel you to submit to testing.

What are the potential defenses against a DWI charge?

Several defenses can be employed in a DWI case, including questioning the validity of the traffic stop, the accuracy of the breathalyzer or blood test, and the procedures followed by law enforcement. Other potential defenses could involve challenging the field sobriety tests or arguing that the driver’s impairment was not the cause of the accident. Each case is unique, and a tailored defense strategy is essential.

How can an attorney help with a DWI vehicle homicide charge?

An attorney can provide critical support in a DWI vehicle homicide case by thoroughly investigating the incident, challenging the prosecution’s evidence, and presenting mitigating factors. With the right defense strategy, the goal is to achieve the best possible outcome, whether through a reduction in charges or a not-guilty verdict.

What are the long-term consequences of a DWI conviction?

A DWI conviction can have long-lasting effects, including a permanent criminal record, increased insurance rates, difficulty finding employment, and loss of driving privileges. It’s essential to understand these consequences and fight to protect your future. An experienced attorney can help mitigate these consequences by building a strong defense and seeking the best possible outcome for your case.

What happens if I’m convicted of intoxication manslaughter?

If convicted of intoxication manslaughter, you could face severe penalties, including a prison sentence ranging from 2 to 20 years, a fine up to $10,000, and a potential community service requirement. Additionally, you will have a felony conviction on your record, which can impact your employment opportunities, ability to secure housing, and your reputation within the community. It’s critical to work with an experienced attorney to explore all possible defenses and mitigate the consequences.

Can I get a DWI charge expunged from my record?

In Texas, DWI convictions are generally not eligible for expunction. However, if your case was dismissed, you were acquitted, you may be eligible for expunction. It’s important to discuss your specific situation with a knowledgeable attorney to understand your options.

What factors can affect the severity of my sentence?

Several factors can influence the severity of your sentence for a DWI or DWI vehicle homicide conviction. These include your prior criminal history, the level of intoxication, whether there were any aggravating circumstances (such as having a minor in the vehicle), and the impact of the incident on victims and their families. Your attorney can present mitigating evidence and arguments to seek a more lenient sentence based on the unique circumstances of your case.

How long will my driver’s license be suspended if I’m convicted?

The length of your driver’s license suspension depends on several factors, including whether it’s your first offense and if there were any aggravating circumstances. For a first-time DWI offense, the suspension period can range from 90 days to 1 year. If you refuse a chemical test, the suspension can be longer. For intoxication manslaughter, the suspension period is typically longer, reflecting the seriousness of the offense.

Can I still drive if my license is suspended?

If your license is suspended, you may be eligible for an occupational driver’s license (ODL), which allows you to drive for essential purposes such as work, school, or medical appointments. Obtaining an ODL involves filing a petition with the court and meeting certain requirements. Your attorney can assist you in the process to ensure you comply with all legal requirements and maintain your ability to drive legally.

What should I do immediately after being involved in an accident while intoxicated?

If you are involved in an accident while intoxicated, the first priority should be to ensure the safety and well-being of all parties involved. Call emergency services and seek medical attention if needed. Avoid making any statements about your intoxication level or fault for the accident. Contact an attorney as soon as possible to protect your rights and begin building your defense.

Will my insurance rates increase if I’m convicted of DWI or intoxication manslaughter?

Yes, a conviction for DWI or intoxication manslaughter will likely lead to a significant increase in your auto insurance premiums. In some cases, your insurance provider may even cancel your policy. It’s crucial to address these charges aggressively to minimize their impact on your driving record and insurance costs.

Why Choose Mark Diaz & Associates?

Facing a DWI or DWI vehicle homicide charge is a life-altering experience. It would be best if you had a dedicated and experienced legal team to stand by your side and fight for your rights. At Mark Diaz & Associates, we have a proven track record of successfully defending clients against serious criminal charges. Our deep understanding of Texas law, coupled with our commitment to personalized client care, sets us apart.

We believe in a client-centered approach, ensuring that you are informed and involved in every step of your defense. Our legal team is available to answer your questions, address your concerns, and provide the support you need during this challenging time. We pride ourselves on our aggressive advocacy and our unwavering dedication to achieving the best possible outcome for our clients.

Call Our Galveston Homicide Attorneys For Your Free Consultation

If you or a loved one is facing DWI or DWI vehicle homicide charges, don’t wait. Contact our Galveston homicide attorneys at Mark Diaz & Associates at 409-515-6170 to receive your free consultation. Our experienced Texas criminal defense attorneys are ready to discuss your case and help you understand your options. We represent clients in Galveston, Texas, and throughout Galveston, Chambers, and Harris Counties. Let us put our extensive experience and proven track record to work for you. Your future is too important to leave to chance. Call now and take the first step toward protecting your rights and securing the best possible outcome.