People have been drinking alcohol for thousands of years, so it's understandable why drinking is so engrained in the fabric of our society. It wasn't until the invention of the automobile that we began to realize how dangerous alcohol can be.
As DUI accidents, injuries and fatalities occurred, state lawmakers began to realize that something had to be done, so anti-drinking and driving laws were enacted nationwide. Laws were passed, but people received little education about how alcohol affects the body.
Since it's not illegal for people 21 to drink alcohol, Americans were left to "guess" how much alcohol was too much, and how much alcohol would set them over the .08% legal limit. Unfortunately, they haven't been doing a very good job of it.
What happens after a DUI accident?
In all states, most first DUIs are misdemeanor offenses. Generally, a DUI becomes a felony after a third or fourth DUI conviction within 5 or 10 years depending on the state. A DUI accident involving property damage only is usually a misdemeanor as well, but everything changes when someone is injured.
While state laws vary, as a general rule, if a drunk or drugged driver causes an accident and someone else is seriously injured, the impaired driver will face felony charges, even if it's their first DUI offense.
In Texas, if a drunk driver causes serious bodily injury to someone else, such as a passenger, another driver, a pedestrian, bicyclist or motorcyclist, they can be charged with intoxication assault, which is criminalized under Section 49.07 of the Texas Penal Code – a felony of the third degree, punishable by 2 to 10 years in prison, and a fine not to exceed $10,000.
The problem with DUI is that normal, everyday citizens frequently commit this offense, and they have the most to lose. A DUI with injuries can lead to thousands in fines, a prison sentence, and a felony on the defendant's criminal record. As you can imagine, this can have devastating effects on an individual and their family.
Facing DUI or DWI charges? Contact a DUI attorney for the aggressive representation you need!