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Enhanced Offenses

Texas Penal Code is not the only factor used to determine penalties for an alcohol-related offense. Varying circumstances can determine the severity of a penalty related to alcohol-related offenses. In some cases, an offense typically carrying minimal fines and no jail time may increase to a more serious offense carrying jail time.

For individuals previously convicted of an alcohol-related offense, penalties for subsequent related offenses are more severe and may lead to lengthy prison sentences. Defending yourself against a DWI charge with previous convictions is increasingly difficult. The court will be less forgiving of your crimes.

Finding an attorney with experience defending clients against these types of offenses can make a difference in the outcome of your case.


Attorney for Enhanced Offenses in Collin County, Texas

With offices in both Plano, Texas and Allen, Texas, the attorneys at The Law Offices of Richard C. McConathy have years of experience defending clients like you against DWIs, open container violations, intoxication assault, intoxication manslaughter, and other related criminal offenses throughout Collin County, Texas.

If you live in Denton County, Grayson County, Fannin County, Rockwall County, or a surrounding area and were charged with DWI  or a related offense, call The Law Offices of Richard C. McConathy at 469-304-3422 immediately. At your free consultation, an experienced criminal defense attorney can walk you through your legal process.

This firm also accepts clients in surrounding cities including Carrollton, Frisco, Dallas, and Richardson.


What are Enhanced Offenses under Texas Law

Texas Statute §49.09 lists a number of enhanced penalties and offenses which may contribute to an existing charge. Specifically, §49.09(a) applies to charges for DWI, flying while intoxicated, boating while intoxicated, and assembling or operating an amusement ride while intoxicated.

Section §49.09(a) enhances the penalty for these offenses from a Class A misdemeanor to a third-degree felony if, at trial, the defendant was already convicted intoxication manslaughter or a related offense under another state’s law.

Also, this offense enhancement applies if the defendant was convicted twice for any offense related to operating a motor vehicle, boat, or airplane while intoxicated.


Other Penalties Following a Subsequent DWI Offense

In addition to enhanced jail time and additional fines, individuals with previous DWI-related convictions who have been subsequently charged with additional alcohol-related offenses may also face addition penalties for these crimes. Some of these penalties may include the following:

  • Mandatory community service
  • Supervised probation
  • Difficulty obtaining or maintaining employment
  • Mandatory substance abuse evaluations
  • DWI impact panel
  • DWI education classes

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Additional Resources

Enhanced Penalties and Offenses under §49.09- Visit the Texas Penal Code website of the Texas State Legislature to find out more about enhanced penalties under Texas Law. This website also provides information on related offenses including DWIs, intoxication assault, intoxication manslaughter, and other related crimes. Also, find out more about related criminal offenses including violent crimes, theft crimes, and property crimes.

Collin County Substance Abuse Resource List- Visit the Collin County website of the Collin County, Texas Government for more information on substance abuse facilities. This website provides a list of local substance abuse programs and counseling services in Plano, Texas. Also, find treatment centers for youth substance abuse programs. 

Crime Statistics- Visit the Crime Statistics website of the Plano, Texas Government site for more information on DWI related statistics in the city of Plano. This website provides helpful information and links to decrease intoxicated driving throughout Collin County, Texas. Also, find information on Plano’s red light camera program.


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Find a Lawyer for Enhanced Penalties in Collin County, Texas

If you or a family member were arrested and charged with an alcohol-related offense in Collin County, call the experienced defense attorneys at The Law Offices of Richard C. McConathy at 469-304-3422. At your free consultation, you can speak with an attorney who can explain your charges, and determine the best legal defense for your circumstances.

If you live in Plano, Allen, Frisco, Dallas, Carrollton, or Richardson, call today for your no-obligation consultation. This firm also serves clients in Fannin County, Denton County, Grayson County, Rockwall County

This article was last updated on December 27, 2016.

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DWI Case Results
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  • DWI Breath Test Case, Result Of .224 Dismissed (Mb0453171)
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  • DWI Breath Test Refusal Dismissed (1158539)
  • DWI, Open Container Dismissed (Mb0534487)
  • DWI, Accident + Open Container Not Guilty (M0524353)
  • DWI Dismissed, Refiled As Obstruction (M0460867)
  • 2nd DWI, Breath Test Refusal Dismissed (Mb-0262214-G Ccc6)
  • 3rd DWI Breath Test Refusal Dismissed (0913260d Cdc3)
  • Intoxication Assault, Breath Test Case, Result of .17 Dismissed (F09-52586)
  • DWI, Accident Not Guilty (M0538149)
  • DWI, Evading Police Not Guilty (M0640450)
  • DWI, Passed Out At The Wheel Not Guilty (Cr200707935)
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I was charged with DWI in Collin County, Texas. I heard that this is a tough place to get a DWI charge defeated. Fortunately, I hired Richard McConathy and Brian Bolton. They took it all the way and won my case. I owe these guys alot. Don't mess with any lawyer that can't compare with these guys. Thank you Richard and Brian.

William H. Collin County DWI
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