Austin, TX Driver Makes Getting a DWI Much, Much Worse
A driver attempting to evade a drunk driving charge and escape police crashed through a barricade late last night in Austin, killing and injuring pedestrians. Now Travis County may be seeking the death penalty for DWI. The driver barreled through downtown Austin going the wrong way on a street crowded with pedestrian traffic. See story in the Austin American Statesman. When the dust settled, two were killed and 23 were injured.
Austin Police Chief says that they will pursue the Death Penalty
Generally, Intoxication manslaughter is the most severe charge for incidents like this. Intoxication manslaughter is a second degree felony, and carries a penalty of between 2 and 20 years prison time and a $10,000 fine. Intoxication assault is a third degree felony and carries a penalty of 2 and 10 years prison time and a $10,000 fine.
Here, there are two deaths and 23 counts of intoxication assault. Regardless of whether or not prosecutors pursue capital charges, this driver is facing many years in prison.
Death Penalty for DWI is an Ambitious Charge
DWI is one of the only offenses in the penal code that does not require a culpable mental state. Capital charges are usually reserved for intentionally or knowingly causing the death of another person. Intoxication manslaughter makes it difficult to impossible prove that there was intent to kill. Almost always someone is killed by accident or mistake. The death penalty for DWI is rare.
However, the state will pursue the death penalty on the theory that in the course of committing a felony of intoxication assault, committed an act that was clearly dangerous to human life and the act caused the death of an individual. Also, for the death penalty charge, it is necessary that the defendant killed more than one person. At this point, at least two people have died.
