Drunk Driving Accident Attorney in Houston, TX
When you are involved in a drunk driving accident, it can leave you feeling overwhelmed, confused, and isolated. Fortunately, this does not need to be the case. You can benefit from enlisting the assistance of a Houston drunk driving accident lawyer. Hiring a Houston car accident lawyer can help you in many ways, bringing clarity to your case and guiding you forward.
Choose The Law Offices of Tad Nelson & Associates to Handle Your Houston Drunk Driving Accident Case
While you can hire any Houston drunk driving accident lawyer, your access to benefits and guidance can increase when you find the right Houston car accident lawyer to handle your case.
At The Law Offices of Tad Nelson & Associates, we believe in tailoring our approach to meet the unique needs of each of our clients. With over 30 years of experience, we understand the inner workings of the Texas judicial system, and we are prepared to help you build and present a strong case.
Come discover how we can help you protect your rights, your freedom, and your future.
Contributing Factors to Drunk Driving Accidents in Texas
The Lone Star State currently leads the nation in the highest number of annual drunk driving fatalities. DWIs (driving while intoxicated) can occur for a number of reasons, including the following examples:
Social and Structural Contributors
Sometimes, a DWI accident can go beyond what it appears at the surface level, and there are often additional contributing factors that are social and/or structural in nature, such as the following:
- An increased number of nighttime activities in urban areas. In heavily populated areas like Houston, there are plenty of bars and clubs for those looking to have a fun night out. Unfortunately, this can increase the likelihood of drunk driving accidents, as some may become impaired before getting behind the wheel of a car.
- A decreased number of transportation options in rural areas. While Houston is a more urban area, other parts of Texas are rural and may not offer the same transportation options for intoxicated individuals as a bigger city may be capable of providing.
- Celebrations, holidays, and local events. There is often a spike in drinking around the holidays, during celebrations, and throughout the course of local events, such as the Houston Rodeo or South By Southwest. New Year’s Eve and the Fourth of July are also common examples of holidays where a drunk driving accident may become more likely.
- Specific days and times. A recent study showed that most Texas drunk driving accidents occur between 2:00 a.m. and 3:00 a.m. on Saturday and Sunday mornings. The increased number of inhibited drivers can lead to an increase in the number of DWI-related car accidents.
- Repeat offenders. Sometimes people who have previously been charged with a DWI still end up behind the wheel of a vehicle before their blood alcohol content level goes down to below the legal limit.
Biological and Behavioral Contributors
Alcohol can severely impair the critical functions that a person needs to operate their vehicle safely and effectively. Here are some of the side effects of driving while intoxicated:
- Drowsiness. Alcohol can work as a sedative, causing the mind and body to experience an increased level of fatigue and brain fog. This can result in accidents where drivers fall asleep at the wheel.
- Impaired judgement. When a person is intoxicated, they often overestimate their sobriety and ability to properly function. This can lead to reckless behaviors, like disregarding traffic signs, excessive speeding, and running through red lights, which can endanger both the driver and those around them.
- Reduced coordination. Intoxication often impacts the body’s fine motor skills, leading to poor hand-eye coordination among other impaired necessary functions. This can make it harder to steer, which can result in drifting out of the proper lane, causing head-on collisions or sideswiping incidents.
- Slower reaction times. Similarly to how alcohol acts like a sedative, it also slows your brain’s functioning, dimming your awareness and response time. This can make it difficult for drivers to respond fast enough to sudden changes around them, such as pedestrians, stop lights, and road hazards.
- Visual impairment. Blurred vision is a common side effect of alcohol impairment, as well as reduced depth perception. This can increase the level of difficulty drivers face when trying to determine the speed limit and the distance between them and other vehicles, buildings, or pedestrians.
Extended Accountability
While those charged with a DWI tend to be the liability focus of drunk driving accidents, there are also instances where it expands further.
Sometimes, individuals can cite the Texas Dram Shop Act, which allows for alcohol serving establishments to be held legally liable for drunk driving accidents that may have occurred in connection with their willingness to continue serving overtly intoxicated patrons.
People can also blame the lack of local planning and provision of transportation for intoxicated individuals, going as far as to hold the town or city liable for not providing services to get them home when they had drunk more than the legal limit.
An Overview of Drunk Driving Accident Laws in Texas
The Centers for Disease Control and Prevention, or “CDC”, determined that, every 45 minutes, roughly one person dies due to a drunk driving accident.
From 2014 to 2023, driving while intoxicated accounted for 37% of all traffic fatalities, totaling over 14,000 lives lost. It is because of this very reason that Texas takes DWI laws so seriously.
Here are some examples of drunk driving accident laws that you should be aware of:
- Blood alcohol content limitations. The current legal Blood Alcohol Content, or “BAC”, limit for those of legal drinking age and older is 0.08%. It is important, however, to be aware that you can still be considered legally impaired even if your BAC is below the limit if you show signs of being unable to properly operate your vehicle.
- Super DWIs and high BACs. A BAC of 0.15% or higher is considered a “Super DWI”, which can result in far steeper penalties should you be found guilty.
- Zero tolerance. If you are under the age of 21, it is illegal for you to be found with any detectable amount of alcohol in your system or vehicle. You can be charged with a DWI even if your BAC is below 0.08%, as it is illegal for you to have consumed any alcohol at all.
- Implied consent. When you drive in the state of Texas, you are giving your consent to breathalyzer and/or blood tests should you be pulled over for a suspected DWI. If you choose to refuse said tests, it often results in an automatic license suspension.
Penalties Upon Being Convicted of a DWI in Texas
Depending on the severity of your charges, as well as additional mitigating factors, there is a range of potential penalties that you may be subjected to should you be found guilty of drunk driving, especially when it leads to an accident.
Here are some examples:
Penalties for a First Offense (Class B Misdemeanor)
- Three mandatory days in jail and up to 180 days upon conviction.
- A mandatory fine of up to $2,000.
- The loss of your driver’s license for up to a year.
Penalties for a Second Offense
- One month to a year of jail time upon conviction.
- A mandatory fine of up to $4,000
- The loss of your driver’s license for up to two years.
Penalties for a Third Offense (Felony Charges)
- Two to ten years in prison.
- A mandatory fine of $10,000.
- The loss of your driver’s license for up to two years.
In addition to all of these potential penalties, you may also be required to utilize an ignition interlock device, or IID, which is installed in your vehicle and prevents your car from starting should any amount of alcohol be detectable.
Your DWI conviction also remains on your permanent record. This can make it hard for you to secure employment and/or housing, having a long-lasting and negative impact on your future.
Hire a Drunk Driving Accident Lawyer Today
When you choose to hire a drunk driving accident lawyer, you can gain access to a number of benefits you may not have otherwise had when facing your case alone. There is far too much at risk for you not to tap into all of the resources available, and hiring a Houston drunk driving accident lawyer may be exactly what your case needs to succeed.
Your case is likely to be heard at the Harris County Criminal Justice Center, and while appearing in a Texas courthouse may leave you feeling overwhelmed, your lawyer can help you prepare for what to expect, as well as for presenting your case overall.
You do not need to handle this case alone. Let The Law Offices of Tad Nelson & Associates help you strengthen your defense and protect you, your rights, and your future.
FAQs
Q: How Much Does It Cost to Hire a Drunk Driving Accident Lawyer in Texas?
A: In the state of Texas, the cost of hiring a drunk driving accident lawyer tends to vary based on a variety of different influential factors, such as the amount of time your case takes to resolve, the severity of your charges, who you are hiring to represent you, the number of charges you are facing, and the level of complexity that your case presents. Still, these expenditures can prove tremendously worthwhile should you achieve your desired outcomes.
Q: Should I Tell My Lawyer the Truth About Everything With My Drunk Driving Accident Case in Texas?
A: While it may feel counterintuitive, you should absolutely tell your drunk driving lawyer absolutely everything relevant to your drunk driving accident case. You may feel embarrassed or vulnerable when you speak truthfully, but our legal team believes in approaching our clients with compassion, only asking for honesty so that we can prepare your case properly and avoid being surprised in court. It is not our responsibility to judge you, only to prepare your case properly.
Q: What Kind of Evidence Can Be Used in a Drunk Driving Accident Case in Texas?
A: There are many kinds of evidence that can be presented in a drunk driving accident case in the state of Texas, including security footage, pictures, witness testimonials, financial records, police reports, texts, recorded phone calls, medical input, personal videos, personal statements, dashboard footage, breathalyzer tests, blood tests, and more. As long as the evidence was acquired legally and proves to be relevant to your case, the evidence is unlikely to be thrown out.
Q: Should I Refuse the Breathalyzer Test After a Drunk Driving Accident in Texas?
A: While you are legally permitted to refuse a breathalyzer test, it generally results in having your license suspended immediately. This is due to the automatic consent laws that the state of Texas has the right to enforce on anyone driving in the state. By operating your vehicle within state lines, you have offered your implied consent, which gives law enforcement the right to require you to participate in a breathalyzer and/or blood test upon request.
Q: How Long Can My Drunk Driving Accident Case Take to Resolve in Texas?
A: Similar to the cost of hiring a lawyer, the duration of a drunk driving accident case tends to vary case by case. This is mainly due to the influence of outside factors, such as the schedule of your local courthouse, the complexity of your case, the availability of all other involved parties, whether or not you have legal representation, and the number of charges you are facing. Having a lawyer can help you avoid unwanted setbacks and interruptions.
Get the Representation You Need Today
Handling a drunk driving accident case alone can leave you feeling overwhelmed, lost, confused, and alone, but this does not need to be the case. With the help of a skilled Houston car accident lawyer, you can build a compelling case and feel empowered in the pursuit of your desired outcomes.
Contact The Law Offices of Tad Nelson & Associates today to schedule a consultation and learn how we can help you protect your future, your rights, and the outcome of your case.