Texas Appeals Court: Repeat DWI Offender Must Serve Life in Prison
Austin, TX- As most are aware, driving while intoxicated has a litany of consequences and penalties which can include jail. For repeat offenders, the jail term can be lengthy and can be difficult to challenge as a Central Texas woman recently learned.
On August 2nd, the 3rd Court of Appeals in Austin, ruled that Rose Ann Davidson’s life sentence for her third DWI offense will stand. In the opinion, the three-judge panel rejected Davidson’s argument that her punishment was cruel and unusual, stating that her attorney should have objected to her sentencing during trial, KWTX reported.
A jury convicted Davidson of felony DWI in 2012, her third such conviction since 2008. Court records indicate Davidson had two DWI convictions before 2008, according to KWTX.
In their opinion, the three-judge panel wrote, “A sentence of life imprisonment or of similar length is not grossly disproportionate to a felony offense that is committed by a habitual offender, even when the felony is not inherently violent in nature.”
Studies show that at least 50 percent or first-time DUI offenders nationwide will repeat their offense, some will do it over and over again, racking up several DWI offenses. Because repeat offenders are such a problem, lawmakers across the country have taken steps to prevent repeat intoxicated driving by imposing tougher and penalties on convicted offenders. These tougher penalties require mandatory longer and longer jail sentences, costly fines and other severe punishments.
This case shows how DWI convictions, especially repeat offenses, can have serious consequences and rob you of your freedom, in some cases for life. As intoxicated driving continues to plague Texas roads, the laws continue to get tougher and the tougher laws are specifically aimed at stopping repeat offenders.
If you are facing a repeat DWI charged, you need a Texas DWI attorney working on your defense; it’s your best hope for getting some leniency. There are numerous factors about a person’s arrest, the evidence presented against you along with aspects of your personal live can play an important role in your defense. Your attorney will carefully and thoroughly examine the details of your case and use their expertise to develop an effective defense strategy on your behalf.
Facing multiple DWI also means you need to consider rehab or attending another alcohol treatment program. Repeat DWI offenses can indicate a serious substance abuse problem and you don’t want to end up serving life in prison because of a drinking problem like Davidson.
Driving under the influence of alcohol or drugs is dangerous, but it’s a mistake many people make. The FBI estimates that 1.2 million Americans are arrested for intoxicated driver annually. If you’ve made this mistake, don’t make another one by thinking you don’t need legal counsel. Once you have been charged, you need to contact an Austin DWI attorney as soon as you are able, this will give then the time they need to devote to your case and work on your defense.
