Information provided as a reference only, to learn more about TX DWI Laws consult an experienced attorney.

First Offense DWI

A first offense DWI charge is a Class B misdemeanor, meaning that a defendant who receives a guilty verdict can be ordered to pay a fine up to $2,000, ordered to be jailed (by the county where the offense was committed) for up to 180 days, or both. 24 to 100 hours of community service may also be ordered by the court. A one-year driver’s license suspension may be imposed.

However, most people who are convicted of a first offense DWI receive one to two years of supervised probation. Supervised probation usually involves remaining at the same address and job for the term of the probation, attending state-regulated DWI education classes and classes about the effects of drunk driving on victims of accidents caused by people driving drunk. Completing the DWI education class will usually result in the court waiving the driver’s license suspension. If substance abuse problems are apparent, the defendant will be ordered to complete a drug and alcohol treatment program through the probation office. These are typical conditions of probation; other conditions may be imposed.

Second Offense DWI

A second offense drunk driving charge that occurs within ten years of the first DWI offense is a Class A Misdemeanor in Texas, and carries harsher penalties if the defendant is convicted and a special condition for release on bond. In order for the defendant to post bail and be released from jail while charges are pending, they must install a deep lung air device on their vehicle which will not allow the vehicle to start if the person has been drinking.

If the defendant is found guilty of a second DWI offense, they may be ordered to pay a fine up to $4,000, to serve between 72 hours and one year in jail, between 80 and 200 hours of community service, and a driver’s license suspension between 180 days and two years. An occupational or provisional license may be issued.

Third Offense DWI

Third offense DWI is a Third-Degree Felony in Texas. People found guilty of a third offense DWI are required to serve between two and ten years in a federal prison, to pay a fine up to $10,000, and to serve between 160 and 600 hours of community service, and license suspension between 180 days and 2 years. A deep lung air device may be required as a condition of any provisional or occupational license issued.

Preparing for trial and sentencing and knowing the potential outcome of charges against you is always beneficial, but only an attorney can provide an adequate defense in court. This is not legal advice.

All information provided for reference purposes only, contact New Brunswick DWI Attorneys for additional details.

How BAC is Measured
A person’s BAC is measured by how much alcohol is present in their blood as compared to a person with no alcohol. For instance, if a person has a BAC of 0.1, it means that his or her blood has 0.10% of their blood is alcohol – the one tenth of one percent. A BAC of 0.08 is considered to be drunk by most states in the United States, but some states will prosecute individuals at lower levels of intoxication. There are a number of factors that impact how quickly alcohol is absorbed into the bloodstream and how quickly it fades from the system.

Factors Impacting BAC
Men and women absorb alcohol differently. While there are always exceptions, most women cannot metabolize alcohol as quickly as men. Weight also contributes to how quickly alcohol is metabolized – the higher a person’s weight, the faster the alcohol will be metabolized. A 140-pound man will have a BAC of .05 after 2 drinks, while a 140-pound woman will have a BAC of 0.07. One drink is 12-oz of beer, 5-oz of wine, or 1.25-oz of 80 proof liquor.

How BAC is Measured
One way to calculate a person’s BAC is a complex mathematical calculation. This is useful when immediate measurement of BAC is not practical, or to show that what the BAC may have been in the past or will be. There are more accurate ways to measure though, specifically through blood, urine or breath tests. These are more accurate tests, but must be measured as soon as possible to make sure the readings are accurate. One of the most popular methods for measuring BAC by law enforcement personnel is a breathalyzer. These machines measure the amount of ethanol in a person’s bloodstream, and can be done quickly at DUI checkpoints. This technology is also used on Interlock devices that can be attached to an individual’s car to ensure they do not drink whilst under the influence. Breathalyzer’s are dependent on a number of factors, including outdoor temperature, body temperature and breathing patterns. They need to be calibrated precisely for the most accurate readings.

DISCLAIMER: While all this information is accurate, it should not be taken as actual legal advice from a lawyer.

One way that you can avoid having your DUI or DWI conviction from being made public when searching for a job that checks driving records is if they only ask for a certain amount of time passed. If your DUI conviction was 5 years ago and your potential employer only ask for a 3 year driving history, then chances are, your conviction will not be seen. However, with that said, if they ask for a criminal record, more than likely, your DUI or DWI conviction will come to light.

While it may be difficult, it is possible to have a DUI conviction expunged from one’s criminal record. The process can very costly and can require a lot of time and effort, however, it is possible to expunge a DUI or DWI conviction. In most cases, an expungement petition must be submitted, but this is only after certain conditions have been met, such as not being on probation, the petitioner has not been sentenced to state prison, as well as having no pending criminal cases. Furthermore, the original conditions of the sentence by the judge have to have been met, including any jail time served, and all fines and penalties paid.

Typically, individuals seeking to expunge a DUI or DWI conviction will want to seek out the services of a qualified DUI lawyer or an expungement lawyer who focus on the aspects of the legal system that allow for criminal convictions to be expunged from criminal records. Once again, the process can be quite difficult, but with the proper approach, as well as patience, you can get a DUI conviction removed from your record.

As everyone knows, the key to avoiding a DUI conviction in the first place is simply to not drink and drive. However, people who have been convicted of a DUI charge should know their rights and options, including how to remove a DUI conviction from their record. Also, we have all heard of cases of law enforcement not handling cases properly and innocent people being convicted. Knowing your rights and options under the law can be the difference between living with a conviction hanging around your neck and being able to breathe again.

This article is provided as information only and not intended as legal advice in any means or manner whatsoever, the Law Offices of Michael Lowe provides focused legal counsel and representation as a Dallas DWI Attorney and has provided this for informational purposes only.

Causes and Causative Forces

The most common occurrences that lead to traumatic brain injury include violence and accidents related to transportation, construction, and sports. In the US, between 1.6 and 3.8 million traumatic brain injury cases are a result of sports and recreation activities, while bicycle and motorcycle accidents are major vehicular accidents leading to head trauma. Among children, child abuse causes 19% of brain injury cases, with a high death rate among such instances.

Forces involved in such forceful occurrences leading to brain trauma include angular, rotational, shear, and translational forces. Contact or impact loading, where the head strikes or is struck by something, is usually responsible for focal or regionalized injuries, while noncontact or inertial loading causes diffuse injuries, which are distributed in a more general manner. 

Categories

Categorization of brain injuries can be mild, moderate, and severe. The most commonly used classification system is the Glasgow Coma Scale (GCS), which grades the person’s level of consciousness based on verbal, motor, and eye-opening reactions to stimuli. The lower the person’s standing is on the GCS scale, the more severe the injury. As well, duration of post-traumatic amnesia and loss of consciousness are also evaluated. For these additional criteria, the higher the values, the more severe is the person’s condition.

Complications

While most mild TBI cases do not cause permanent or long-term disability, all brain injury severity levels have the potential to create complications.

Medical problems that result from TBI include a broad range of physical, cognitive, emotional, and behavioral complications. Effects on consciousness include coma, brain death, and even a persistent vegetative state. Meanwhile, trauma to blood vessels can result in vasospasms and aneurysms.

Movement disorders associated with brain trauma often affect coordination and muscle function and also increases susceptibility to seizures.  Cognitive deficits that can follow injury include language problems, disrupted judgment, memory loss, and problems in executive functions. Emotional or behavioral impairments generally involve depression, anger, irritability, mania, emotional instability, and increased predisposition to psychiatric disorders. The worst of these problems often characterize chronic TBI.

Click here to visit The Law Offices of Elan Wurtzel, P.C. website, for more legal information.

This article is intended to provide only general information on the topic and not as legal advice.

In addition there are many federal laws that govern truck drivers. These cover everything from safe driving techniques, pre-trip checks, and training programs. Some attorneys who deal with truck accident laws consider these eleven federal trucking laws to be the most important. The full details of these laws are found on the Federal Motor Carrier Safety Administration website.

1. Commercial Motor Carrier Safety Assistance Program-Part 350

Pertains to various safety training programs on topics including size and weight enforcement, drug enforcement, traffic safety

2. Controlled Substances and Alcohol Use and Testing-Part 382

Contains detailed rules regarding substances and alcohol testing and penalties for truck drivers

3. Qualifications of Drivers-Part 383

Refers to the qualifications a truck driver must have. These include testing and licensing procedures, driver disqualifications, employer’s responsibilities, and required knowledge and skills

4. Commercial Driver’s License Standard; Requirements and Penalties-Part 383

Refers to the person who holds the license and the level of the license (CDL for commercial driver’s license)

5. Driving of Commercial Motor Vehicles-Part 392

Covers general driving, including railroad crossing, stopped vehicles, use of lights and reflectors, fueling precautions, and prohibited practices

6. Parts and Accessories Necessary for Safe Operation-Part 393

Pertains to the parts and equipment needed on trucks including lighting, wiring, brakes, fuel systems, coupling and towing devices, emergency equipment, frames, cabs, and body components, securing loads

7. Hours of Service of Drivers-Part 395

Pertains to maximum hours allowed, also the detailed log that truck drivers must maintain, recording their actions, or change of status, for each twenty four hours they are on duty. The status includes Driving, Sleeping, On Duty-Not Driving. This log can be kept in a specific form or can be entered into an automatic onboard recording device

8. Transportation of Hazardous Materials; Driving and Parking Rules-Part 397

Pertains to regulations on the transportation of hazardous materials, required driving techniques, and rules for parking with hazardous loads

9. Inspection, Repair, and Maintenance-Part 398

Pertains to the truck driver’s required pre-trip check of the complete truck to ensure safe and proper operating condition

10. Transportation of Migrant Workers-Part 398

Pertains to the transportation of migrant workers, including sections on non-residents

11. Employee Safety and Health Standards-Part 399

Pertains to safety practices including step, handhold and deck requirements, truck access requirements, and maintenance

The complete text of these eleven federal regulations are detailed and complex. This is one reason why truck drivers must continue their training throughout their career in order to keep up with current trucking laws. Often this is handled through regular training programs.

This article is not legal advice.

Additional Tools Regarding Truck Accident Laws: To find more information about Federal trucking laws please visit TruckAccidentLaw.org

First Offense (Class C Misdemeanor):

• 30 day suspension of driver’s license

• Up to $500 fine
• Between 20 and 40 hours of community service
• Must attend alcohol-awareness classes

Second Offense (Also a Class C Misdemeanor):

• 120 day suspension of driver’s license
• Up to $500 fine
• Between 40 and 60 hours of community service
• May have to attend more alcohol-awareness classes

The third offense penalties change depending on the age of the offender. No matter what age they are their license will be suspended for 180 days. If they are 17 or older it is considered a Class B Misdemeanor and the fine can range from $500 to $2,000. Also, if they are 17 or older they can also face up to 180 days in jail.

When a Minor Can Be Charged with DWI

If someone under 21 years of age is arrested with a Blood Alcohol Content (BAC) of 0.08% or higher they will face the same penalties as an adult driver and will be charged with a DWI instead of a DUI. BAC is determined using a blood or breath test. A DWI has stronger penalties and a driver under 21 years old will face additional charges related to underage drinking.

Underage drinking is a widespread problem in Texas. Texas has different laws for drinking and driving depending on the age and the Blood Alcohol Content of the offender. Texas is a zero-tolerance state, which mean that underage drivers getting caught after consuming any amount of alcohol will be prosecuted for DUI.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about Texas DUI Law.

The reason for this inflated number is simple. When we hear that an accident is related to drunk-driving, we automatically assume the man who caused the accident was the one drinking. No matter how much or little alcohol he had in his system and the person who caused the accident is sober, it is still seen as an alcohol-related accident. To most of us, alcohol related accidents are accidents caused directly by alcohol. If a man sitting in a parked car has had one drink and another man hits him, this is considered an alcohol-related incident. If a pedestrian who’s had a drink was run over by a car with a sober driver, this is also considered an alcohol-related incident. This should not be the case. This is just one of the many myths surrounding DUI statistics and facts. Here are some more myths and the truths behind them:

Myth: The best way to tell if someone is drunk is by conducting a blood alcohol test.
Truth: People that drink often begins to develop immunity to the strength of the alcohol and because of this their blood may not accurately measure how much alcohol they have actually consumed.