The State may try to consolidate two cases from the same “criminal episode,” like a DWI and a UCW charge. However, the Defendant usually has the right to sever them. Texas Penal Code Section 3.04 explicitly states that “the defendant shall have a right to severance” of consolidated offenses.
Severing the cases means asking the State to prosecute each charge separately instead of together. While a DWI defense lawyer may have strategic reasons to sever, there is a risk. Though rare, severing allows the judge to “stack” punishments, meaning the sentences would run consecutively rather than at the same time. Read about criminal DWI attorneys blog.
