In Texas, driving while intoxicated is taken very seriously, and violators face severe penalties. For those who are arrested on DWI charges while driving with a child in the vehicle, you will face additional charges and could even see other parental rights be impacted. It is imperative you work with a lawyer who will aggressively defend you against the charges and provide you with the representation and guidance you need.

Driving While Intoxicated Penalties in Texas

For a first DWI, violators face a fine of up to $2,000, up to 180 days in jail, and risk losing their driver’s license for up to one year. DWI in Texas means operating a motor vehicle with a blood alcohol concentration (BAC) of at least 0.08. The potential fines, jail time, and time without a license grow with each additional DWI offense. Each charge also comes with a state fine of up to $6,000 upon sentencing. The charges for drunk driving with a child passenger, defined as a child under 15, become more severe. You face a state jail felony, even if it is your first DWI offense. Additionally, you will be charged with child endangerment, regardless of whether the child was injured or otherwise harmed during the incident. Simply their presence in the car is enough for the additional charge.

Penalties for a conviction include:

A trip-and-fall accident may seem trivial, even laughable. But, many times that fall resulting from tripping or slipping can cause major long-term or even life-threatening conditions, from severely broken bones to brain injuries. If your injuries are caused by someone else’s negligence, then Texas law says you deserve proper compensation. This is where a personal injury attorney with premises liability experience can make all the difference.

Who Is Really Liable for That Accident?

Say you slip and fall in a store. Is the business itself responsible for your accident? Maybe not. Maybe it was poor construction on a flight of stairs that caused you to fall. So the owner of the property may be liable, or perhaps a contractor who recently worked on those stairs, or even a different vendor who also works out of the property. A knowledgeable lawyer can examine all the particulars of your claim and find out who is liable—or whether more than one party shares responsibility for the accident. That could make a big difference in your ultimate compensation.

We Can Handle the Insurance Company and Gather Your Evidence

In many cases like this, the other party’s insurance company typically tries to put the blame back on you: that they could not have foreseen the danger (even if they did), and that you ignored warnings or chose to go somewhere hazardous. You do not need this aggravation, and your lack of legal knowledge can only hurt you in these interactions. If we go up against them instead, then frankly, you will have less stress and come out better. We may also have better access to needed information, such as other people who have been injured due to this party’s past negligence, or unfavorable maintenance records. We can also have experts examine the scene to lend perspective on how and why your fall actually happened.

When you walk into an Administrative License Revocation hearing following an arrest for driving while intoxicated (DWI), the deck might as well be stacked against you. Since the ALR hearing is not technically a criminal matter, many of the normal rules of evidence do not apply. The hearing officer, who is not a judge and probably not even an attorney, serves as prosecutor, judge, and jury in such cases.

In practice, however, the outcome is almost a secondary concern. Even if you do not “win” the ALR hearing, the process can be a very valuable component of your defense.

What is at Stake?

If you are arrested for DWI and you either refuse to provide a sample or fail the chemical test, the state will almost certainly take action against your drivers’ license. So, the only way to avoid possible licenses suspension is to take a breath or blood test and pass it. If you refuse a test, the Department of Public Safety may suspend your license for up to six months for a first offense and two years for a subsequent offense. If you failed the test, the suspension period is a maximum of 90 days or one year. Commercial drivers and motorists under 21 may face longer possible suspension periods.

Many police cruisers are now equipped with next-generation high-intensity lights, including LED strobes and windshield column floodlights. While these lights are great for visibility on the scene of a traffic stop, are they actually having an effect on the accuracy of DWI field sobriety tests? How does this equipment affect DWI field tests?

High-intensity lights are also now in the hands of officers who once had to rely on underpowered hand-held flashlights to illuminate a dark parking lot or street corner. The new lights are not only brighter, but they are also important tools when subduing a suspect. These devices are designed to disorient and temporarily blind suspects, mainly because of the light beam’s intensity. One field officer compared the impact of strobe lights to the disabling capability of a Taser or a quick kick in the groin. These devices are also designed to disrupt a person’s peripheral vision, which may have an impact on depth perception.

According to manufacturers and users, the currently available advanced flashlights cannot cause permanent blindness or other related problems.

There are many accidents that are caused by another party’s negligence where the victim does not survive their injuries. In these tragic circumstances, the victim’s survivors can pursue legal action against that party or parties who are responsible for the death. A wrongful death lawsuit can be critical in helping secure financial stability for the victim’s family.

What Is a Wrongful Death Lawsuit?

Wrongful death lawsuits allow survivors of victims who die as a result of the negligence or wrongdoing of another person to recover monetary damages from the person legally liable for the death. Under the Texas Wrongful Death Act, the law says that if a victim is killed due to another party’s wrongful act, negligence, or any other act that breaches a party’s duty to exercise reasonable care, that party can be held financially liable.

Under the law, a wrongful death lawsuit can only be filed by surviving spouse, the children, and the parents of the victim. A lawsuit can also be filed by a representative for the victim’s estate.