As a licensed Texas driver, you’re well-aware of the fact that it’s illegal to drive under the influence of drugs or alcohol. According to the Texas Department of Transportation, “In Texas, a person is legally intoxicated and may be arrested and charged with Driving While Intoxicated (DWI) with a .08 BAC (blood or breath alcohol concentration).” TxDOT goes on to explain that a person is also considered to be intoxicated if he or she is impaired by drugs or alcohol, regardless of their BAC. That said, the penalties for a simple DWI in Texas without any injuries include: 1) up to a $2,000 fine, 2) up to six months in jail, 3) up to one year driver license suspension, and 4) an annual fee of $1,000 to $2,000 to keep one’s driver license. Now that you know the penalties for a simple first-time DWI without any bodily injuries, what penalties would you face if you accidentally injured someone else while driving under the influence of drugs or alcohol in Texas? Read on to find out.
DWI Involving Serious Bodily Injuries
Suppose you’re driving under the influence of alcohol and you run a red light and slam into another vehicle, seriously injuring the other driver. In this case, you would be charged with intoxication assault under Section 49.07 of the Texas Penal Code.
Under Sec. 49.07, you commit intoxication assault if while driving intoxicated, you accidentally cause serious bodily injury to another person. Under Sec. 49.07(b), “serious bodily injury” is defined as an “injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.” In Texas, intoxication assault is a third-degree felony, punishable by 2 to 10 years in prison and by a possible fine not to exceed $10,000.
Facing DWI charges in Plano or Dallas? Contact The Zendeh Del Law Firm, PLLC!