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Texas Laws Regarding Driving With Alcohol



As a Fort Worth personal injury lawyer, I know that DFW traffic collisions caused by drunk drivers frequently result in catastrophic bodily injuries for both the at-fault intoxicated motorist and their innocent victims. According to the Texas Department of Transportation (TxDOT), 1,075 people (or 35.6 percent of all traffic fatalities) were killed in accident caused by drunk drivers.

We all know that driving after you’ve been drinking is not only against the law, it is incredibly stupid and dangerous. If you get behind the wheel with alcohol in your system then you are putting not just your own life at risk, but also the lives of countless other people who you might encounter while on the road. Do not be fooled into thinking that driving drunk late at night makes it any safer; TxDOT reports that more alcohol-related fatalities occurred on Texas roads between 2:00am and 2:59am than at any hour of the day or night. Driving while under the influence of alcohol is always hazardous.

Although the Dallas-Fort Worth personal injury lawyers at the Anderson Law Firm do not represent drunk drivers, here is some information regarding alcohol-related traffic crimes:

DWI Penalties for First-Time Offenders

Under Texas law, if you are caught driving while drunk, you face charges of a Class B Misdemeanor. This means that you face a fine of up to $2,000, potential jail time of between 72 hours and six months, community service of between 24 and 100 hours, and/or probation of between one and two years.

Texas Open Container Laws
Regardless of whether or not you are driving, having an open container of alcohol in your vehicle is illegal (be it a can of beer, bottle of wine, or hipflask or liquor). Any open container must be securely stowed where it is inaccessible by either the driver or any passengers (i.e. in the trunk). The only exceptions to this rule are buses, taxis, motorhomes and RVs. Criminal penalties for having an open container in your vehicle are the same as those for first time DWI offenders, but the minimum jail time is increased to six days instead of three.

Making a Claim for Compensation Against a Drunk Driver

If you or someone you love has been injured as a result of the negligent actions of a drunk driver, Texas law gives you the right to make a civil claim for compensation which is entirely separate from any criminal charges the intoxicated driver might be facing. Under state law, you are entitled to recover financial damages for all medical bills related to the accident, any loss of income, and any pain and suffering you have endured. Since a personal injury or wrongful death claim is actually against the at-fault driver’s insurance policy and not them personally, it is possible to recover compensation even when you were a passenger in the drunk driver’s car.

For more information on your legal rights and options, please call the Anderson Law Firm for a free, no obligation consultation. Call Dallas 214-327-8000 or Fort Worth 817-294-1900.


Other Articles You Might Be Interested In:
DWI/DUI: Criminal Vs. Civil Law
Passenger Rights in Texas Car Accidents
Drunk Driving Cases Resulting in Wrongful Death Claims
Free Tarrant County Crash Reports
Determining Whether The Negligent Truck Driver Was Impaired




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