If you are facing DUI charges, you may feel that the penalties that you will experience if you are convicted are harsh. While the penalties for a DUI conviction are harsh, there are a few situations in which a driver who is convicted of driving while intoxicated could receive penalties that are even greater than those that they would receive for a regular DUI conviction.
Driving with an open container of alcohol is one situation which could increase the penalty that you could receive. If a driver is convicted of driving under the influence of alcohol with an open container of alcohol, they could receive the standard DUI penalty in addition to a minimum of six days in jail and a fine of up to two thousand dollars.
A DUI conviction can also have effects on future criminal charges. For example, if you have a prior DUI conviction and you are charged with drag racing, your drag racing charge will be classified as a Class A Misdemeanor instead of the usual Class B misdemeanor. Drag racing is also classified as a Class A Misdemeanor if the driver has an open container of alcohol in their vehicle at the time of the offense.
Another situation in which a driver is likely to receive a penalty greater than they would for a standard DUI offense is if they are arrested in Texas for driving while intoxicated and there is a child passenger in the vehicle with them. Texas law considers any person under the age of fifteen to be a child passenger. If you are charged with driving while intoxicated with a child passenger in your vehicle, know that this particular offense is considered a state jail felony, which means that you could be sentenced for up to two years in state jail and fined up to ten thousand dollars.
Automobile accidents can also increase the penalties associated with a DUI arrest. For example, if you are arrested for driving while intoxicated in connection with an accident where someone was seriously hurt and it is determined that your intoxication was the proximate cause of the victim’s injuries, you could be charged with intoxication assault, which is a third degree felony that is punishable by a sentence of two to ten years in jail and a fine of up to ten thousand dollars. If someone dies in an accident or because of other injuries that were caused by your intoxication, you could be charged with intoxication manslaughter. A person who is convicted of of intoxication manslaughter could face two to twenty years in jail and up to ten thousand dollars in fines.
Whether you have been charged with a standard DUI or a related offense which carries an enhanced penalty, it is important that you contact a Texas DUI Defense Attorney. Texas DUI Defense Attorney Alex Tyra is here to help you, so please call our office at (903) 753-7499, or contact us online via our website.