DWI FAQ 12

Moore, Gunter & Barrett

Home Contact

Contact
DWI Stopped
DWI Defense
M.A.D.D.
DWI F.A.Q.s
DWI Punishment
DWI D.L. Suspension

 

How can a motor vehicle be a deadly weapon?

A motor vehicle is a "deadly weapon" where an alcohol related accident results in a death. Recently, the Texas Court of Criminal Appeals has held that intoxicated drivers who are involved in such accidents can be found to have used a "deadly weapon." Tyra v. State, 897 S.W.2d 796 (Tex.Cr.App. 1995), Walker v. State, 897 S.W.2d 812 (Tex.Cr.App. 1995). If death results from the manner of use of the vehicle, the vehicle could be a "deadly weapon" in the eyes of the law. In these cases, the manner of use was capable of causing death and therefore, the driver's were found to have used a "deadly weapon." In light of these recent cases, it is easy to see how a misdemeanor DWI can become a 20 year prison sentence when someone dies as a result of an alcohol related accident.

 
transparent.gif (893 bytes)

Dallas DWI Criminal Defense Attorneys

Peter Barrett, Esq.
Moore Gunter & Barrett
(Tel) 214-868-8608; (Fax) 214-521-0012

E-Mail: Dallas DWI Lawyer

The Law Advisor Network © 2002