Severing a DWI and Related Case

The State may try to consolidate two cases that arise out the same “criminal episode,” such as a DWI and a UCW charge. However, the law states that, under most circumstances, the Defendant has the right to sever the cases. Section 3.04 of the Texas Penal Code states that “the defendant shall have a right to severance” of offenses consolidated under Section 3.02 (emphasis added). Severing the cases means that the Defendant asks the State to prosecute each charge separately rather than together. A DWI Defense Lawyer may have strategic reasons for severing the cases. The downside, however rare, is that severing the charges allows the Judge to ‘stack’ punishment for each charge, meaning time runs for each punishment separately.