When you mix drinking and driving in Texas, the stakes are immediately raised, especially if an accident results in injuries. Being involved in an auto accident while driving under the influence can transform a simple traffic incident into a complex legal challenge. This blog post explores what happens legally to someone who faces a DWI charge in Texas, specifically a DWI with injury in Texas. We will delve into Texas drunk driving laws, the potential criminal and civil repercussions, and how having skilled legal representation can drastically alter the outcome of your case.
Texas Drunk Driving Laws
In Texas, driving while intoxicated (DWI) laws are strictly enforced. Under Texas Penal Code § 49.04, a person commits an offense if they are operating a motor vehicle in a public place while intoxicated. The legal definition of intoxication in Texas includes not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, or a combination of two or more of those substances or having an alcohol concentration of 0.08 or more.
Key Points You Need to Know:
- The Legal Limit: The blood alcohol concentration (BAC) limit is set at 0.08% for most drivers.
- Zero Tolerance: For drivers under 21, Texas enforces a zero-tolerance policy, meaning any detectable amount of alcohol can lead to a DWI charge.
- Enhanced Penalties: BAC levels exceeding 0.15% can result in enhanced penalties, highlighting the severity with which Texas treats high-level intoxication.
These foundational laws set the stage for understanding the enhanced risks and penalties associated with a DWI charge, especially when it involves an accident with injuries.
Texas Implied Consent Law
Under Texas law, when you operate a motor vehicle in the state, you automatically give consent to a chemical test of your breath or blood if you are arrested for driving while intoxicated. These tests aim to accurately measure the alcohol concentration or presence of controlled substances in your system.
Important Aspects of Implied Consent:
- Refusal to Submit to Testing: If you refuse to submit to testing, this can lead to an automatic license suspension for a period of 180 days for a first offense and potentially longer for subsequent refusals.
- Evidence in Court: The results of these tests, or the refusal to take them, can be used as evidence in both criminal and civil proceedings related to the DWI.
The Penalties for Drunk Driving in Texas
The penalties for driving while intoxicated in Texas are severe and vary depending on several factors, including your blood alcohol concentration (BAC), previous DWI convictions, and whether the incident involved an accident or injuries. Here is a breakdown of the potential penalties:
- First Offense: This can include a fine of up to $2,000, 3 to 180 days in jail, loss of your driver’s license for up to a year, and an annual fee of $1,000 or $2,000 for three years to retain your driver’s license.
- Second Offense: Increased fines up to $4,000, one month to a year in jail, loss of your driver’s license for up to two years, and similar annual fees for three years.
- Third Offense and Beyond: Fines can climb up to $10,000, 2 to 10 years in prison, loss of your driver’s license for up to two years, and the same annual fee structure.
Additionally, if the DWI incident involves an accident, especially with injuries, the charges can escalate to felony levels, significantly increasing the severity of the penalties.
Criminal Vs. Civil Consequences
When a DWI results in an auto accident, particularly with injuries, the legal consequences can extend beyond criminal charges to include civil lawsuits. Understanding the distinction and overlap between these legal repercussions is crucial for anyone who causes an accident while drunk driving.
- Criminal Charges: The state will pursue criminal charges against you for breaking the law. The consequences can include fines, jail time, and mandatory rehabilitation programs.
- Civil Lawsuits: In many cases, an individual facing a DWI charge might also be hit with one or more civil lawsuits if the victims decide to seek compensation for their injuries and damages. Victims of the accident you caused (or their families) may file a civil lawsuit against you to be compensated for their losses and damages. This can include compensation for medical expenses, lost wages, pain and suffering, and more.
This dual threat of legal action emphasizes the need for competent legal defense and representation.
Texas Dram Shop Act
Under Texas Alcoholic Beverage Code § 2.02, bars, restaurants, and other venues can be held liable if they continue to serve alcohol to a customer who is visibly intoxicated and subsequently causes an accident resulting in injuries or deaths. This act is particularly significant in DWI cases involving injury, as it broadens the scope of accountability, allowing victims of accidents caused by drunk drivers to seek compensation not only from the drivers but also from the establishments that served them alcohol.
How an Experienced Criminal Defense Attorney Can Help
If you have been charged with DWI with injury in Texas, the stakes are high. You will need an experienced criminal defense attorney to help navigate the complex legal process that ensues. Here is how an experienced Austin DWI & criminal defense attorney can help:
- Case Evaluation: To analyze the specifics of your case and develop a strategic defense.
- Negotiation: Working with the prosecutors to reduce or dismiss the charges based on evidence or procedural issues.
- Representation at Trial: To defend your rights in court, present evidence, and argue on your behalf.
- Mitigating the Penalties: A skilled criminal defense attorney can help minimize the potential penalties, such as reducing the amount of jail time or fines and avoiding a license suspension.
The assistance of a seasoned criminal defense attorney is invaluable in DWI cases. The right attorney will not only provide legal representation but also guide you through a process that can significantly impact your future.
Contact Stephen T Bowling, DWI & Criminal Defense Attorneys
Securing skilled legal representation is not just an option but necessary when dealing with charges as serious as a DWI with injury in Texas. The quality of your legal defense will often directly influence the extent of the legal repercussions, making experienced legal counsel invaluable.
Stephen T Bowling, DWI & Criminal Defense Attorneys, are here to help. With a focus on Texas DWI cases, our legal team can provide the aggressive defense and personal attention you need. Contact us today to ensure you have a dedicated advocate on your side.
