Drunk driving remains a major cause of traffic accidents, injuries, and fatalities in the United States. According to the National Highway Traffic Safety Administration (NHTSA), alcohol-impaired driving accounted for 28% of all traffic fatalities in 2021, leading to 13,384 deaths. In Texas, the problem is particularly severe, with the state consistently ranking among the highest in the nation for drunk driving fatalities. Understanding the legal consequences for drunk drivers and the options available for victim compensation is essential for ensuring justice and accountability after an accident.

Legal Consequences for Drunk Drivers in Texas

Driving under the influence of alcohol (DUI) or driving while intoxicated (DWI) is a serious offense in Texas. The legal blood alcohol concentration (BAC) limit is 0.08%, but even drivers with lower BAC levels can face charges if impaired. Drunk drivers in Texas are subject to severe legal penalties, which escalate depending on the circumstances of the offense, such as prior DUI convictions and whether injuries or fatalities occurred.

1. First-Time DUI Offense

For a first-time DUI offense in Texas, penalties typically include:

• A fine of up to $2,000
• 3 to 180 days in jail
• A driver’s license suspension for up to one year
• A mandatory alcohol education class
• Annual fees ranging from $1,000 to $2,000 for three years to retain a driver’s license

The consequences of a first-time DUI go beyond fines and jail time. Drunk drivers may face long-term effects, such as increased insurance rates and a criminal record that can impact future employment.

2. Repeat DUI Offenses

For repeat offenders, Texas law imposes much harsher penalties. A second DUI conviction can lead to:

• Fines up to $4,000
• 30 days to one year in jail
• A two-year driver’s license suspension
• Installation of an ignition interlock device (IID)
• Annual license retention fees of $1,000 to $2,000 for three years

A third DUI offense in Texas is a felony, with even more severe consequences:

• Fines up to $10,000
• Two to ten years in state prison
• A driver’s license suspension for up to two years
• IID installation requirement

Felony charges, especially those involving injury or death, carry significant legal and financial repercussions for drunk drivers.

3. DUI Involving Injuries or Fatalities

When a drunk driver causes an accident that results in injury or death, the legal consequences become even more severe. In Texas, these cases can result in charges of intoxication assault or intoxication manslaughter:

• Intoxication Assault: A third-degree felony, punishable by two to ten years in prison and fines up to $10,000, this charge applies when a drunk driver causes serious bodily injury to another person.
• Intoxication Manslaughter: A second-degree felony that applies when a drunk driver causes the death of another person. It is punishable by two to 20 years in prison and fines up to $10,000.

Criminal charges in these cases ensure drunk drivers face serious consequences, but they do not compensate victims for the harm they have suffered.

Victim Compensation for Drunk Driving Accidents

While the criminal justice system punishes drunk drivers, victims of drunk driving accidents have the right to pursue compensation through civil lawsuits. In 2021 alone, over 290,000 people were injured in drunk driving accidents, according to the NHTSA. Victims may be entitled to compensation for a range of damages, including medical expenses, lost wages, pain and suffering, and in some cases, punitive damages.

1. Medical Expenses

Injuries from drunk driving accidents often require extensive medical treatment, and the costs can quickly add up. Compensation can cover:

• Emergency medical care
• Hospital stays
• Surgeries and rehabilitation
• Ongoing medical treatments and therapy

By holding the drunk driver accountable, victims can recover financial losses related to their treatment.

2. Lost Wages and Diminished Earning Capacity

Injuries from a drunk driving accident may prevent victims from working during their recovery or cause permanent disabilities. Compensation can cover:

• Wages lost due to time missed from work
• Diminished earning capacity if the injury results in a long-term disability or prevents victims from returning to their previous job

Victims should not have to suffer financially due to another person’s reckless actions.

3. Pain and Suffering

Victims of drunk driving accidents often endure physical pain and emotional distress, including anxiety, depression, or post-traumatic stress disorder (PTSD). Compensation can be awarded for:

• Physical pain resulting from injuries
• Emotional suffering and loss of enjoyment of life

These non-economic damages reflect the personal toll that a drunk driving accident can have on victims.

4. Punitive Damages

In cases where the driver’s behavior was particularly reckless, such as driving with a high BAC or prior DUI convictions, the victim may be entitled to punitive damages. These damages are meant to punish the driver and deter similar behavior in the future.

Steps to Take After a Drunk Driving Accident

If you or a loved one has been involved in a drunk driving accident, taking the right steps can protect your rights and improve your chances of securing compensation:

• Seek medical attention immediately: Even if injuries seem minor, getting a medical evaluation is critical for your health and documenting your injuries. The Law Office of David M. Kennedy is often able to help arrange for your treatment if necessary.
• Report the accident to law enforcement: Contact the police and ensure a report is filed, including details of the driver’s suspected intoxication.
• Document the accident scene: Take photos of the scene, your injuries, and damage to your vehicle. Collect contact information from witnesses.
• Contact a personal injury lawyer: An experienced attorney can help guide you through the legal process, negotiate with insurance companies, and pursue legal action if necessary.

Contact The Law Office of David M. Kennedy

Drunk driving accidents can have devastating consequences for victims and their families. At The Law Office of David M. Kennedy, we are committed to helping victims of drunk driving accidents in North Texas obtain the compensation they deserve. Our experienced legal team is here to fight for your rights. If you or a loved one has been injured by a drunk driver, Contact Us today for a free consultation!