What enhances the penalty for "evading arrest" from a Class A misdemeanor to a State Jail Felony?

The enhancement of the penalty for "evading arrest" from a Class A misdemeanor to a State Jail Felony is specifically triggered by the use of a motor vehicle during the act of evading. This is outlined in Texas law, where the application of a motor vehicle indicates a higher level of danger to law enforcement and the general public. The rationale behind this is that operating a vehicle while attempting to evade arrest poses significant risks, potentially leading to accidents and injuries.

While prior convictions, use of a weapon, or escape from custody may carry their own penalties or enhancements in different contexts, they do not specifically apply to the act of evading arrest in the same way that the use of a motor vehicle does. Thus, using a motor vehicle sets a clear legal standard that elevates the charge due to the increased potential for harm and the seriousness of the offense.