A Texas appellate court recently ruled in favor of a man who argued that the state punished him for having multiple driving while intoxicated convictions without proving his previous conviction. In Oliva v. The State of Texas, the appeals court overturned a lower court decision to convict the defendant of a Class A misdemeanor for DWI, saying it should have been a Class B misdemeanor conviction. According to Texas law:
- A first-time DWI offense is a Class B misdemeanor, punishable by up to six months in prison and a maximum fine of $2,000.
- A second-time DWI offense is a Class A misdemeanor, punishable by up to a year in prison and a maximum fine of $4,000.
The case addressed how a prior DWI conviction must be presented when a subsequent DWI charge is made.