Drunk driving, also known as driving under the influence (DUI) or driving while intoxicated (DWI), is the act of operating a motor vehicle while impaired by alcohol or other drugs. When someone is under the influence of alcohol, their judgment, reaction time, and motor skills are all impaired, which can make them a danger to themselves and others on the road. In the United States, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. Drivers under the age of 21 have a zero-tolerance policy, meaning any amount of alcohol in their system can result in a DUI charge. Driving under the influence of drugs, including prescription medication, marijuana, and illegal drugs can also result in a DUI or DWI charge. In addition to legal consequences drunk driving can result in serious accidents , injuries, or fatalities.
Penalties for Driving Drunk
First offense
- Up to a $2000 fine
- Up to 108 days in jail upon conviction with three mandatory days
- Loss of drivers’ license up to a year
Second offense
- Up to a $4000 fine
- One month to a year in jail upon conviction
- Loss of drivers’ license up to two years
Third offense
- $10,000 fine
- Two to 10 years in prison
- Loss of drivers’ license up to two years
Impaired driving with a child passenger
- Driver will be charged with child endangerment if the child is under 15
- Additionally fined up to $10,000
- You may be put in jail for up to two years
- Loss of drivers’ license for another 180 days
Penalties for Underage Drinking and driving.
If you are under 21, it is illegal for you to drive with any detectable amount of alcohol in your system. The first time you are stopped, you may face the following:
- Up to a $500 fine
- A 60-day drivers’ license suspension
- 20 to 40 hours of community service
- Mandatory Alcohol-awareness classes
If you are 17 or older and pulled over with a bac concentration of 0.08 or higher, you could face
- Up to a $2,000 fine
- Three to 180 days in jail
- Drivers’ license suspension for 90 days to a year
Legal Proceedings
In a drunk driving case, there are typically two separate legal proceedings that occur: a criminal case and a civil case. Here’s a brief overview of what happens in each: Criminal case: Arrest and charges: If someone is suspected of driving under the influence of alcohol, they may be arrested and charged with a DUI or DWI. They will typically be required to submit to a blood alcohol concentration (BAC) test to determine their level of impairment. Arraignment: The suspect will appear in court to enter a plea of guilty or not guilty. Trial: If the case goes to trial, the prosecution will present evidence to try to prove that the defendant was driving under the influence of alcohol at the time of the accident. Sentencing: If the defendant is found guilty, they will be sentenced. The penalties for drunk driving vary depending on the state and the severity of the offense but may include fines, license suspension, community service, and jail time. Civil case: Investigation: In a civil case, the victim of the drunk driving accident may file a lawsuit against the drunk driver and potentially other parties, such as the establishment that served them alcohol. An investigation will be conducted to gather evidence and determine liability. Settlement or trial: If liability is established, the parties may attempt to reach a settlement agreement to compensate the victim for their injuries and damages. If a settlement cannot be reached, the case may go to trial, where a judge or jury will determine the amount of damages the victim is entitled to. Collection: Once a settlement or judgment is reached, the victim will need to collect the compensation awarded to them. In both the criminal and civil cases, an experienced personal injury lawyer can help victims of drunk driving accidents navigate the legal process and fight for their rights.
Dram Shop Act
In the state of Texas, the Dram Shop Act is a law that holds businesses that sell or serve alcohol liable for injuries or damages caused by a drunk driver if the business continued to serve alcohol to the driver after they were clearly intoxicated. If a business is found liable under the Texas Dram Shop Act, they may be required to pay damages to the victim
Why you need a personal injury
An experienced personal injury lawyer can help protect your legal rights and ensure that you are not taken advantage of by insurance companies or other parties involved in the case. A personal injury lawyer can investigate the circumstances of the accident to help build a strong case for you. In a drunk driving accident, there may be multiple parties liable for the accident. An experienced lawyer will help you determine who is liable and hold them accountable for your injuries.
Contact us Today
If you or a loved one have been injured in a drunk driving accident, our dedicated team of Houston car accident lawyers is here to help. At Borunda and Fomby PLLC, we have over 30 years of combined experience helping clients recover physically and financially from all types of auto accidents. Contact us today for a free consultation to discuss your case and learn more about your legal options. You can email us at info@txinjuryadvocated.com or call us at (713) 930-4878 or fill out our online contact form to get started.
