Drunk Driving under Texas Law
Driving while intoxicated is a serious crime under Texas law. Accidents caused by drunk drivers can cause terrible injuries to passengers as well as anyone traveling in any other vehicles involved.
Victims who have been injured in an automobile accident where a drunk driver was involved may be entitled to seek damages from the drunk driver and his insurance carrier. In addition to recovering the costs of repair to your vehicle (if your car was struck by the drunk driver), you may also be able to recover costs for medical expenses, pain and suffering, lost wages and other general trauma.
The state of Texas prohibits a person from driving an automobile if they have a blood-alcohol concentration of .08 percent or higher. if the driver is driving a commercial vehicle the blood-alcohol content can be no higher than .04 percent, and for drivers under the age of 21 even less, .02 percent.
A determination of the level of intoxication is not dependent upon how many drinks a person has had but rather simply by their blood-alcohol concentration which is determined by a number of variables such as weight and muscle mass, sex, the amount of time between drinks and many other factors.
Although the drunk driver may have made the decision to drive which ultimately led to the accident that caused the injuries you may also be able to hold responsible anyone who may have been able to stop that person from getting behind the wheel and failed to do so.
DWI laws also apply to drivers that are driving under the influence of drugs such as cocaine, marijuana, meth amphetamines, etc. A driver may become intoxicated through the use of prescription drugs as well. Texas law entitles you to sue these drivers because at the time of the crash they are considered intoxicated.
There is a two-year statute of limitations in Texas for filing claims for injuries and damages in a drunk driving accident. The drunk driver's insurance company will be assembling a defense strategy to undermine your claim from the minute the accident occurs.
Even if the driver has not been charged with a DWI offense it may be possible to establish the consumption of alcohol as a contributory factor to the accident through the testimony of eyewitnesses.
A driver convicted of an intoxication offense in an accident where a death occurs can face criminal penalties including intoxication manslaughter. Driving while intoxicated with a child passenger is also considered a felony under Texas law.
If the driver is a minor than they may be charged under Texas DUI laws. A minor may not operate a motor vehicle with any detectable amount of alcohol in their system.
John Q. Lawyer
Attorney at Law
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