|
For Lubbock DWI attorneys and those who are charged with a driving while intoxicated offense in Lubbock or anywhere in Texas you should know that the Texas Legislature passed a few new laws that deal with driving while intoxicated. Almost all of the changes deal with increasing the punishment range for various aspects of intoxicated assaults and intoxicated manslaughter. Remember if you or a loved one is ever charged with a driving while intoxicated crime in Lubbock or West Texas contact a Lubbock DWI trial lawyer as soon as possible.
An intoxicated assault is a third degree felony in Texas. That means that the range of punishment if convicted is not less than 2 and not more than 10 years in prison. If a person has not been convicted of a felony then he or she is “probation eligible.” Being probation eligible DOES NOT mean that the person will get probation but that if convicted that a jury COULD give probation. An Intoxicated Assault charge can be filed if while driving (or operating an aircraft or watercraft or amusement ride) in a public place while intoxicated and by reason of that intoxication the person causes serious bodily injury to another. Serious bodily injury is defined as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
Although ordinarily a third degree felony, starting on September 1, 2007 if the person that receives the serious bodily injury is a peace officer, firefighter or emergency medical services person and is actually “discharging their official duty” then the punishment range in enhanced to a second degree felony. This means that the range of punishment is not less than 2 years and not more than 20 years in prison. The citizen accused is also still eligible for probation as we discussed above.
In addition, the new legislation also enhances intoxication manslaughter from a second-degree felony to a first-degree if one of the above public servants is killed under the circumstances discussed above. The range of punishment for a first-degree felony is not less than 5 years and not more than 99 years or life in prison. Again, the eligible the citizen accused could get probation from a jury. |
