A recent ruling by the Third Court of Appeals of Texas states that a life sentence can be a reasonable punishment for a third DWI felony conviction.
In 2012 a woman in San Marcos was arrested and convicted for her third felony DWI—her sixth DWI conviction total. The case was tried in front of Hays County Judge Jack Robison, who found her guilty with a punishment of life in prison. The woman’s attorneys attempted to appeal this sentence, arguing that life in prison for a DWI violates the Eight Amendment—a cruel and unusual punishment. However, a three-judge panel of the Third Court of Appeals upheld Judge Robison’s sentence, holding that she had a dangerous pattern of behavior and was a habitual offender. (For more about the case, click here.)
“Though saddening that this woman got to this point, I don’t necessarily believe the sentence was a violation of the Eighth Amendment,” Chris Perri says. “I do, however, feel this highlights the importance of connecting first- and second-time DWI offenders to the appropriate resources and working with the prosecution to incentivize defendants to seek rehabilitation. I don’t know the details or history of this case, but I can’t help but wonder if in some way the system failed her.”
Professional drug and alcohol treatment is not a 100% guarantee for relapse prevention, but it definitely can help shift the odds in one’s favor. That’s why Chris Perri Law tries to find the best legal outcomes for its clients that lead to life successes and reductions of repeat-offenses. When appropriate, part of his services include linking clients to community resources or advocating for clients to be referred to the Mental Health Court.
“If we don’t look at the whole person—his or her story—nothing’s going to change,” Chris Perri says.
This sad case proves that having a strong legal advocate who cares about your future and wellbeing is crucial. If you or someone you know is in need, call Chris Perri Law at (512)917-4378 today.