Texas is the leader in something no one is proud of the number of drunk driving accidents. In 2015, drunk drivers caused 1,337 deaths in our state. Frequently, people who die or who are seriously injured due to a drunk driver may be left without resources because the vehicle they were driving is covered by an insurance policy that excludes certain damages, even when a jury would grant them. those damages. Some motor vehicle insurance policies exclude punitive damages. Therefore, if you or someone you love was injured by a driver while intoxicated,
Laws for Driving in State of Texas Drunkenness
In Texas, if a person is convicted or pleads guilty to driving while intoxicated (“DWI”), that means: 1) he did not have the normal use of mental or physical faculties because of the use of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance in the body: or 2) had an alcohol concentration of 0.08 or more, commonly referred to as “driving while intoxicated” . Of course, a person who is intoxicated due to another reason, such as drugs, is just as likely to cause terrible harm to another.
The State will use the person’s blood alcohol concentration (“BAC”) to determine if the person was too drunk or not to operate a motor vehicle. Texas law establishes a BAC limit number to further limit what alcohol content may be in certain special circumstances. For example, if a person is 21 years or older, he or she cannot legally drive if their BAC is more than .08. But, if you are a commercial or business driver, your BAC cannot be more than .04. It is assumed that these people should be examined immediately after a serious shock to determine if they were intoxicated. And, if a person is under 21 years of age, they can not have any detectable amount of alcohol.
Penalties for Driving in the State of Drunkenness in Austin
A person who is arrested driving intoxicated in Texas, and if it is their first offense, then the following penalties may apply:
- Time in jail for three days and 180 days;
- A fine of up to $ 2,500;
- An annual surcharge of up to $ 2,000 for three years to maintain your driver’s license;
- Suspension of the Driver’s License for up to two years;
- Intervention or education programs on DWI; Y
- Possibly an ignition interlock device.
The Court must also consider (and frequently do) what compensation, if any, has been given to the victims of a drunk driver. Unfortunately, many offenders who are fortunate enough not to injure anyone escapes their first offense with a mild punishment that does not deter them from continuing their reckless behavior. Several crashes that include deaths caused by drunk drivers are caused by people who have been convicted of previous DWI offenses.
Establish Negligence in a Drunk Driving Crash in Austin
The majority of ordinary car accidents in Texas are usually left under the theories of negligence. Under the law of the State of Texas, for a case of successful negligence against a driver, the following should be established:
- That the driver owed an obligation to you;
- The driver did not comply with this obligation;
- Failure was the real reason for the injuries;
- It was an immediate (foreseeable) cause of his injuries; Y
It is often easier to establish negligence in a drunk driving accident once the fact that the driver is proven to be intoxicated because driving while intoxicated is considered negligence per se. Negligence per se arises whenever a person acts against a statute designed to protect others; Here, a drunk driver is violating a statute that prohibits driving while intoxicated, and as a result is considered negligent per se, automatically.