My brother was the victim of a DWI wreck with high bodily injury. The person that hit him is only being charged with misdemeanor DWI (standard DWI). The proper charge for DWI with bodily injury is felony DWI. How do you get these charges changed to reflect the proper charge? How does this process work?

Sucks. What impact is it to your brother though on what the charge is? He will get paid either way. I would start by asking the accident report investigator.

1- this helps out the case for insurance issues, and for the civil case.

2- misdemeanor DWI is often a slap on the wrist and probation. The overall crime does not fit the punishment.

3- It's an intoxication assault


There are four intoxication-related offenses that are classified as felony DWI:
A DWI 3rd or more offense
A DWI with a child passenger
>>An intoxication assault<<
An intoxication manslaughter

Intoxication assault is when you cause serious bodily injury to another person by accident or mistake, either while committing the act of BWI or FWI or while operating a motor vehicle while intoxicated in a public place (DWI), and by reason of your intoxication.

“Serious bodily injury” means injury that creates substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

Intoxication assault is a felony DWI of the third degree, which can result in a fine up to $10,000 and 2 years to 10 years in the Texas Department of Criminal Justice, and a driver’s license suspension ranging from 180 days to 2 years. If you are convicted, you’ll be assessed an annual $1,000-$2,000 surcharge fee required every year for 3 years in order to retain your driver’s license. A felony conviction also disqualifies you from voting and possessing a firearm.

He was hurt, insurance pays as long as it was 100% the drivers fault. Plus they won't have much money left if you did file a civil suit. Might win judgement but they actually need a job to pay it. My old roommate many years ago was put in a coma by DWI driver and racked up $100Ks in bill's and months of therapy. Got nothing from the perp as he had nothing. Not even insurance.

His attorney should handle this stuff. I got one doing a case for me if he wants one.

a DA will usually go for the charge that they can successfully prosecute, they want to win and get a conviction.

there may be something in the drunks past that caused the lesser charge ie. first dwi, plead down with alcohol education and community service etc.
if they go for felony the possibility of conviction may be harder to get, if he/she has a family with kids etc. the sympathy of a jury will come into play.

lots of reasons for it to be lesser than it could be but I will bet there is a plea deal in the works.

The obvious answer is to schedule an appointment with the DA (not the asst.DA handling the charges but the actual District Attorney) and begin applying pressure on behalf of the family. Firmly but nicely at first but firmly and not-so-nicely if no cooperation is given. This would include going to the media if necessary.

He/she is an elected official and is in charge of the office. They are subject to political pressure.

The way the process works here is the person is arrested and the paperwork is sent to a county trial court for misdemeanor cases. The prosecutor looks at it and decides what to do with it. It is important that the DWI and accident report reflect the injuries. If they feel it should be a felony it is dismissed, worked up and presented to a grand jury for felony indictment. Then a warrant is issued and a new court date set in district court. In our area it takes a pretty good amount of injury to be intox assault, generally bumps, bruises and broken bones do not qualify from what I have seen. Have you started with the victims advocate in the court where the case is pending?

What county

Dallas.

^^^this is all you need to know by someone who knows

Hell, they will probably just let them off in Dallas.

That's your first problem. My guess is the prosecutor doesn't think he/she can prove serious bodily injury. If you ask different prosecutors about the same injuries you'll get different opinions.
For what it's worth (not much), my opinion is a lot of these cases that don't meet the threshold of SBI actually fit the higher offense of Agg. Assault Deadly Weapon. The elements (paraphrased) are committing an assault and using a deadly weapon. The assault is recklessly causing bodily injury to another and the deadly weapon is the vehicle. In a scenario like running a red light while driving drunk, I believe any jury would see something like that as reckless. I'm sure that would never fly in Dallas Co., but it would be worth a conversation if the circumstances of the wreck support it.
Either way, like NP stated, I would be meeting with the DA to push the issue if his injuries are that serious. Just be prepared to walk away pissed.

Ol boy must be in the cool click

Just look at what the DA said today. Dallas is lost

Sorry to hear about your brother, Chad. I hate drunk drivers...should be a mandatory felony and prison time if they cause an accident, IMO.

Unfortunate his is right

Guys, thank you for the advice. I have spoken to the Dallas DA's office and am in the process of clarifying the details of this case. I also spoke to a buddy of mine who is a police chief and he said the same thing about what to do. I'm amazed at how slow this process is.

Some animals are more equal in Dallas County.

It could take a couple of years. The civil process is slow. Been there.

You just thought Mueller was s l o w .

DA ( Dumb Azz ) John Creuzot will probably buy him a drink when he bonds out.

Good news! We got word today that the charges are now intoxication assault, which is Felony DWI.

What's more interesting, is today was also the day my brother had his back surgery. So, yes, we are both really glad about this news.

every once in a while........justice happens.

Great news Chad