Under Texas law, if a person is convicted of driving while intoxicated (DWI), in addition to any sentences or fines imposed following the conviction, he or she may face increased penalties for any subsequent DWI convictions.
A Texas Court of Appeals recently clarified, however, that while prior DWI convictions may be considered during the sentencing phase of any DWI conviction, the State is not permitted to introduce evidence of prior DWI convictions as an element of the offense charged during a trial to assess guilt or innocence. If you are charged with a DWI, you should consult a seasoned criminal defense attorney as soon as possible to discuss your available defenses.
The Defendant’s Trial
Reportedly, the defendant was charged with DWI. The information stated that she committed the offense of DWI on October 25, 2014. Additionally, it stated that on June 12, 2012, she was convicted of a DWI and therefore, the current offense was elevated from a Class B misdemeanor to a Class A misdemeanor.