This blog has profiled some of the penalties brought by Texas enforcement officials against individuals accused of driving while intoxicated, as well as recent legislative initiatives aimed at even greater deterrence. However, a DWI attorney might agree that prosecutorial discretion — and the potential for plea-bargaining a lesser sentence — may still be available for first-time DWI offenders.
A recent story confirms this possibility. Readers may have heard that a Travis County District Attorney recently plead guilty to a DWI charge.
Authorities observed the attorney swerving in traffic, and the 63-year-old public officer performed even worse after she was pulled worse. According to the arrest report, police observed her eyes to be blood shot and smelled alcohol on her breath. Those suspicions were later confirmed by a blood alcohol test, which indicated the attorney’s BAC level was almost three times over the .08 legal limit.
Perhaps cognizant of the glaring discrepancy between her public duty and her DWI behavior, the attorney pled guilty to the DWI charge. She was sentenced to 45 days in jail, a driver’s license suspension of six months, and ordered to pay a $4,000 fine.
However, the attorney was recently released after serving only half of her sentence. Authorities have credited good behavior as the reason for her early reason. Given the high level of her BAC content, the attorney’s sentence could have been much worse, as some commentators observed. Others believe that the attorney should resign. To date, however, the attorney has only stated that she intends to seek professional treatment.
Source: nbcdfw.com, “Central Texas DA Jailed for DWI Gets Early Release,” May 9, 2013