House Bill 393 is set to change the legal landscape for DWI cases involving death of parents of a minor. Driving While Intoxicated cases, or DWI cases, occupy a special place in the criminal justice system. Misdemeanor prosecutors have long gained trial experience mainly through taking DWI cases to trial. Because of lobbying by groups like Mothers Against Drunk Driving, dismissals on DWI cases were almost never available. As a person got charged with more DWI cases over his lifetime, the penalties also became more steep, causing third time offenses to become felony cases.
Steeper Penalties for DWI Cases Under House Bill 393
On September 1, 2023, a new law will go in to effect. Convicted drunk drivers who cause an accident which kills both parents of a child will be required to pay child support. Under House Bill 393, the Defendant will have to make monthly payments to the child’s legal guardians, to take responsibility for how the collision impacted the children financially. (Adult children are not affected.)
The amount of money owed will be decided by many factors, including the standard of living the child is accustomed to, his physical and emotional condition, and the child’s educational needs, among other expenses related to being a parent.
Unusual Penalties for DWI Cases
Obligations to pay money, apart from restitution in theft cases, is not typically a part of the criminal justice system when a person is convicted of an offense. Probation fees apply in cases in which a person gets a second chance, but punishment by fine marks a departure from the typical arrangement, which is that a person is punished by jail or prison time, and then released with our obligations to pay money. Although House Bill 393 makes intuitive sense, it will certainly be a surprise to some Defendants who are charged with DWI offenses that resulted in death. Such cases are often charges not as misdemeanors, but as felonies for Intoxication Manslaughter.
Dallas Area Impact
Just in the Dallas area, there are 1500 drunk driver crashes annually, with 75 deaths and 145 incapacitating injuries. House Bill 393 will also add to an attitude among prosecutors to seek stricter penalties, even when the law is not directly applicable.
Dallas DWI Attorney Walker Fults
If you have been charged with a misdemeanor or felony DWI case, contact Dallas DWI Attorney Walker Fults immediately for a free consultation. An aggressive legal defense coordinated by an experienced attorney can make all the difference in the outcome of your case.
