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Plano DWI Defense Law Blog

Facing an ALR hearing in the Dallas-Fort Worth area

Dallas-Fort Worth is one of the largest urban areas in the world. Every day, many people travel in the area to go to work, school and play or to visit friends and family. A large percentage of the population drives to their destinations and they realize what a privilege it is to drive. Those who do not drive may still agree that driving is essential, even for running errands within a small geographic area.

However, if the police suspect you of driving while intoxicated, you could lose your driving privileges. According to Texas laws, there are two major reasons why a driver may face a license suspension: DWI convictions and breath-test refusals following a DWI stop. A DWI charge can be filed against a person if that person has a blood alcohol concentration level of 0.08 or higher while operating a motor vehicle. The BAC tolerance levels for commercial drivers and underage drivers are lower.

Are Texas dram shop laws the key to curbing DWI offenses?

Driving while intoxicated in Texas can result in serious crashes, often causing severe trauma to the parties affected, from the driver to innocent victims involved in the accident. DWI offenses have the potential to be severely taxing, emotionally as well as financially, to the person behind the wheels who is responsible for the crash. For years, police, along with lawmakers and enforcing authorities have been striving to control the issue of drunk driving, putting in place various measures to bring down the number of injuries and fatalities arising out of such accidents.

In Texas, there are laws which lay down liability on establishments who sell liquor to individuals who appear visibly drunk, or to minors, when either is consequently the cause of a drunk driving injury. These laws are called dram shop liability laws. The laws have historically helped reduce drunk driving accidents, which led to injuries or fatalities.

Duties of an intoxicated driver after a crash in Texas

In Texas, vehicle accidents are common, and the extent of the damage can range from virtually no injuries, to life-changing injuries and death. Many accidents are preventable, especially those that are caused by texting and driving, speeding and impaired driving. Intoxicated driving is perhaps the most punishable by law, and an impaired driver may be held responsible for another person's severe injuries, financial setbacks, property damage, pain and suffering and loss of life in an accident. A person who has been charged with drunk driving must take the charges seriously.

Under the Texas Transportation Code, a driver who has been involved in an accident that involves injury or the death of another person is required by law to instantaneously stop the vehicle at or near the site of the crash. If a victim is injured in the crash, the driver is also required to provide assistance to the injured.

What are the penalties for felony DUI/DWI in Texas?

Car accidents are not uncommon on the roads of Texas. Each year, there are a number of reported accidents which end up in a legal battle. One of the many causes of automobile crashes is driving under the influence of drugs or alcohol. According to statistics, one injury or fatality involving alcohol occurs every 20 minutes in Texas. Therefore, authorities take these infractions seriously and impose serious penalties.

However, the nature and severity of these penalties depend on a number of conditions. Impaired drivers who have a blood alcohol content above the legal limit of .08 can be charged with felony DUI/DWI. Additionally, both passenger and driver can be fined up to $500 for having an open alcohol container present in the vehicle.

How does the Texas DWI education and intervention program work?

Car accidents can be traumatic for all parties involved, both economically and emotionally. Statistics say that every 20 minutes, a person is either injured because of an accident that involves a motorist who was driving while intoxicated.

Given the alarming nature of the problem, law enforcement authorities in Texas have deployed many measures to try and curb the number of DWI offences in the state. Infractions are met with severe punishment and steps are taken to discourage further incidents.

Intoxication assault charges, vehicular homicide and Texas laws

In Texas, after a car accident occurs where the driver at fault is intoxicated and the other driver or another party involved is injured through no fault of his or her own, intoxication assault charges can be brought against the responsible driver. These kinds of charges are extremely serious and can have severe consequences.

Conviction on these charges is not based on any deliberate intention on the part of the intoxicated driver to cause hurt, grievous hurt or any harm. All that is necessary in order to obtain a conviction against the driver at fault is to prove before the court that the driver was intoxicated.

Penalties for drunk driving under the Texas ALR Program

In Texas, the Administrative License Revocation Program is applied to individuals arrested for drunk driving or for boating while intoxicated who have either refused or failed a breath test or blood test. Individuals who fail a blood or a breath test or refuse these tests after being taken into custody for suspected driving while intoxicated are subject to a license suspension for a period of at least 3 months up to 2 years. Additionally, the failure or refusal to take the tests will directly result in an automatic disqualification for a period of one year with respect to a person holding a commercial license.

The process of Administrative License Revocation for drunk driving or boating while impaired involves field sobriety tests administered by Texas law enforcement officers on the scene, if the officers believe that the motor vehicle or boat driver is exhibiting signs of impairment while driving or boating. A poor performance on the sobriety tests would automatically mean that the driver will be arrested.

Wrong way crash leads to DWI charges

People who are charged with a crime for DWI in Plano, Texas need to understand that the severity of the penalties will vary depending on the circumstances. When there is a simple traffic stop and a driver is arrested on DWI charges, the potential consequences are far different than if there is a crash and people are hurt. Given the seriousness with which the issue of driving while intoxicated is treated in the state, drivers need to be aware of what to do in the event that they're charged.

A two-vehicle accident led to the arrest of a 30-year-old woman because she was believed to be intoxicated. Police were called at approximately 1:45 a.m. after one vehicle drove the wrong way on the road and crashed into another. Following their investigation of the accident, police arrested the wrong-way driver on DWI charges. The people in the other vehicle received treatment for injuries that are said to be minor.

Understanding the details of no breath test refusal in Collin

Drivers in Collin and across the state need to be aware of the law of implied consent. This means that they are required to take a breath test when asked to do so by a law enforcement officer. Increasingly, the decision is made by counties like Collin to implement no-refusal crackdowns in which drivers who indicate that they might be intoxicated will be required to take a breath or blood test to determine the amount of alcohol in their blood.

The idea behind this is to prevent people from going out on the road if they believe they might be impaired. Many are unaware of the law of implied consent requiring the acquiescence to a breath test with various consequences for failing to take the test. They think they have the right to refuse when they really don't. At various times in Collin, there will be a notice served that drivers who might be drunk will be stopped by police and asked to take a breath test.

Why would there be vehicular manslaughter charges after a DWI?

For drivers in Texas who are in an accident that leaves another person injured or dead, there is the possibility that intoxication assault or vehicular manslaughter charges will be filed. The laws of the state are clear in the reasons that these charges would be filed. The penalties for a felony DWI charge are much more significant than for a simple drunk driving charge, with an extended jail sentence of up to 10 years, heavy fines for up to $10,000 and other penalties.

If there is an accident caused by impaired driving or operating any kind of motor vehicle in a public place, whether it be a boat, air vessel or some other vehicle, there will be intoxication assault charges if there is serious bodily injury to another person. Serious bodily injury refers to the type of injury that leads to a risk of the person dying, leaves them permanently disfigured or impaired.

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The Shapiro Law Firm | 701 E. 15th Street | Plano, TX 75074

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