Houston DUI With Injury Lawyer

Houston DUI With Injury Attorney

Driving under the influence (DUI) or driving impaired is a serious offense in Texas. While most DUI instances do not result in crashes, the victim can be seriously injured when they do. If you are arrested for a DUI that resulted in an injury, you should promptly contact a Houston DUI with injury lawyer to defend you.

DUI laws in Texas are intricate, and charges can vary depending on your specific case. This is why it is wise to enlist a defense lawyer to help you with your case rather than fight it alone. At the Law Office of Joseph Ruiz, PLLC, we have extensive experience in helping our clients get their DUI cases dismissed or their charges reduced. We understand that everyone makes errors in judgment and deserves to have their rights protected.

What Is the DUI Law in Texas?

In Texas, just like in most US states, you are considered to be driving impaired if your blood alcohol concentration (BAC) is 0.08 or above. However, impaired driving is not limited to alcohol usage; driving under the influence also includes driving while impaired by drugs, including prescription medications.

Any substance that inhibits your normal faculties and ability to operate a vehicle is considered driving impaired. Moreover, DUI laws extend to operating boats and aircraft.

Penalties for a DUI in Texas

If an officer pulls you over because they suspect you are driving impaired, they may administer a field sobriety test as well as a chemical test to detect your BAC. If your BAC is above the legal amount, you may be charged with a DUI, and your specific penalties depend on whether it is your first or subsequent offense. Specifically, the penalties for a DUI in Texas, if convicted, are as follows:

• First offense – Pay up to $2,000 in fines, spend 3–180 days in jail, and get your license suspended for a year.
• Second offense – Pay up to $4,000 in fines, spend 1 month to 1 year in jail, and get your license suspended for up to two years.
• Third offense – The charges increase to a felony, and you could pay up to $10,000 in fines, spend 2–10 years in jail, and get your license suspended for up to two years.

In addition to your fines, Texas imposes additional fines at sentencing that can increase with each offense. You may also have to install an ignition interlock device. If you are arrested for driving impaired with a minor under 15 years old, your charges can increase.

DUI With Injury: Charges and Penalties

In Houston, most DUI arrests occur because of traffic violations. For example, an officer may pull you over if you are swerving or speeding, suspecting a DUI. However, there are certain cases where impaired driving can cause a crash, leaving the victim with injuries. The charges for these DUIs are more severe.

In 2022, there were 2,355 DUI crashes in Houston, and over half resulted in injuries, including possible and potential injuries. Because of this, the charge for DUI with injuries increases to intoxication assault, which is a third-degree felony pursuant to Penal Code 49.01. The penalty for a third-degree felony in Texas is spending 2-10 years in jail and paying fines up to $10,000.

 When to Contact a Lawyer

If you are in an injurious accident and charged with a DUI, you should enlist the help of a lawyer immediately. It is important not to speak with law enforcement without a lawyer present, just as you should avoid speaking with anyone else regarding your case.

Consider the accident that occurred at W. Dallas Street, close to the Gulf Freeway. A man was arrested for driving under the influence following a crash that severely injured a woman. If convicted, he could face felony charges. Moreover, judges typically sentence based on the severity of the crash and the extent of the victim’s injuries.

If you are in this situation, you could also be charged with a felony. A skilled DUI defense lawyer in Houston is an excellent advocate for getting your case dismissed or your charges reduced.

FAQs About Houston, TX DUI With Injury Laws

Why Do Lawyers Drag Out DUI Cases?

The primary reason a lawyer may drag out a DUI case is because they need to collect evidence and thoroughly investigate the case to ensure the law was appropriately applied. For example, if an officer only performed a field sobriety test, it may not be a reliable method for proving you were intoxicated beyond a reasonable doubt.

How Do I Fight a DUI Without a Lawyer?

You can fight a DUI without a lawyer by representing yourself in court or at any hearing proceeding. You will need to know the correct files to form, gather evidence, and be able to challenge evidence and witness testimony from the prosecution. However, it is not recommended to represent yourself in a DUI case without a lawyer, especially if you are charged with intoxication assault. This is a serious crime that requires serious representation.

What Is the Ideal Defense Against a DUI?

The ideal defense against a DUI is challenging the validity of the initial traffic stop or the reliability of the chemical test or field sobriety test. If you believe the traffic stop was unlawful, you may have a defense. Likewise, if the breathalyzer was faulty or damaged, or the field test was incorrectly administered, you may have a defense.

Can You Decline a DUI?

Yes, you can decline a breath or blood test at the scene of your DUI traffic stop. However, under Texas’s Implied Consent law, declining these tests comes with penalties. Specifically, you may have your license suspended for up to 180 days under the Administrative License Revocation (ALR) Program. You would need to attend a hearing to get your license back, as well as pay a reinstatement fee.

Contact a Skilled DUI Lawyer Today

Being involved in an accident that results in injuries can be traumatic. This is more so true if your accident involved a DUI arrest, which can be met with harsh penalties. At the Law Office of Joseph Ruiz, PLLC, we value your freedom. Contact our office for a free consultation and learn how we can help you in your DUI with injury case.