Enhanced Offenses

In many circumstances, DWI charges may be intensified depending on surrounding circumstances. The following are just some of the factors taken into consideration during sentencing:

  • Previous driving records
  • Presence of a child passenger
  • Injury or death to another individual
  • Blood alcohol content at the time of the offense
  • Occupation title
  • Possession of an open container.

If you are a Denton County resident and are facing enhanced DWI penalties, you require a criminal defense attorney who is knowledgeable of Texas law, and willing to work towards a positive outcome.

Attorney for Enhanced Offenses in Denton County, TX

Located in Denton and Lewisville, Law Offices of Richard C. McConathy represents clients accused of DWI, DWI manslaughter, felony DWI, and other related alcohol-related offenses. The criminal defense attorneys at Law Offices of Richard C. McConathy have years of combined experience defending clients against enhanced DWI offenses.

If you live in Denton County,  or the surrounding areas of Grayson County, Cooke County, Collin County, Dallas County, Wise County, or Tarrant County, call Law Offices of Richard C. McConathy at (940) 222-8004 today to schedule your no-obligation consultation. 

Law Offices of Richard C. McConathy proudly serves Denton, Lewisville, Carrollton, Argyle, Roanoke, Sanger, The Colony, and surrounding areas.


Enhancements under Texas Penal Code

Texas imposes distinct enhancements depending on the alcohol-related offense. Some of the most common penalties enhancements include the following:

Intoxication Manslaughter §49.08

Typically, this offense qualifies as a second-degree felony; however, under §49.09  states that this offense becomes a first-degree felony if at trial, it is shown that the defendant was a firefighter or emergency medical services personnel.

Intoxication Assault §49.07

Intoxication assault is a third-degree felony, except when at trial, it is shown that the defendant caused serious bodily injury to another in the form of traumatic brain injury resulting in a vegetative state. In this event, intoxication assault becomes a second-degree felony.

Driving While Intoxicated §49.04

Driving while intoxicated qualifies as a Class B misdemeanor except where at trial, it is shown that the defendant had a blood, urine, or breath alcohol level of 0.15 or more at the time of the analysis. In this event, a DWI will result in a Class A misdemeanor.

Additional Resources 

Enhanced Offenses and Penalties under §49.09– Visit the Texas Penal Code website of the Texas State Legislature to find out more about enhanced penalties for alcohol offenses. This site provides information on common penalty enhancements under Texas Penal Code. Also, find information on standard penalties for DWIs and related offenses.

Driving While Intoxicated Penalties– Visit the Texas DOT website of the Texas Department of Transportation to find out more about driving while intoxicated in Texas. This site provides statistics on traffic incidents in Texas. Also, find more information on staying safe on Texas roadways.

DWI Sanctions– Visit the 4th Precinct Justice of the Peace site of the Denton County Police Department to learn more about penalties for a driver’s first DWI offense. This website lists penalties for second and subsequent DWI offenses. Also, find information on penalties for failing to complete mandatory DWI penalties.

Find an Attorney for Enhanced DWI Penalties in Denton, Texas | Law Office of Richard C. McConathy

Being arrested for driving while intoxicated can be an extremely stressful time. Losing your only mode of transportation is a risk not worth taking. If you live in Denton, Lewisville, Argyle, Carrollton, Roanoke, The Colony, Sanger or a neighboring area, call Law Offices of Richard C. McConathy at (940) 222-8004 today.

At your free consultation, you can meet with a criminal defense attorney prepared to fight on your behalf. This firm also accepts clients from Denton County, Tarrant County, Grayson County, Collin County, Cooke County, Wise County, and Dallas County. Call today for your free consultation.

This article was last updated on December 19, 2016.