Drunk Driving Accidents and the Legal Consequences

Author: Shelby Benavidez  

Contributing Attorney: Sean Szlachtowski  

Scope and Basics of Drunk Driving   

Drunk Driving Statistics in the U.S.   

Drunk driving is one of the leading causes of car crash fatalities in the United States. According to the National Highway Traffic Safety Administration (NHTSA), approximately 11,000 people are killed annually in drunk driving crashes. In fact, in 2023, roughly 30% of all traffic-related fatalities in the country were attributed to drunk driving resulting in 12,429 deaths.   

To break it down even further, one person dies every 42 minutes due to a car crash in the U.S. Beyond the fatalities, tens of thousands more suffer broken bones, traumatic brain injuries, and permanent disabilities. Because of this, the economic cost of drunk driving crashes is startling, exceeding $300 billion annually when factoring in medical costs, lost productivity, property damage, and legal expenses.   

Young adults between the ages of 21 and 24 account for the highest percentage of drunk drivers involved in fatal crashes. Repeat offenders and drivers with very high blood alcohol concentration (BAC) levels of 0.15% and above are responsible for a large number of these crashes.   

What Qualifies as Drunk Driving?   

Drunk driving, often referred to as Driving Under the Influence (DUI) or Driving While Intoxicated (DWI), is operating a motor vehicle while impaired by alcohol or other intoxicating substances. Most states consider a driver to be intoxicated if their BAC is 0.08% or higher. In many jurisdictions, a driver can still be arrested and charged even if their BAC is below 0.08% if their ability to drive safely is compromised. Commercial drivers are typically held to a stricter limit of 0.04%, while drivers under 21 often face zero-tolerance rules.   

It’s important to understand that intoxication isn’t limited to alcohol. 

“Most of the time, alcohol consumption is the reason for DWIs committed in Texas,” Attorney Sean Szlachtowski said. “However, Texas law also allows a person to be charged with a DWI if they consumed only a substance, for example marijuana, sleeping pills, or even cold medicine, so long as it affected the normal use of their mental or physical faculties. Mental or physical faculties that could be affected might include delayed reaction time, impairment of vision, or difficulty concentrating. All of which are important for driving!” 

Can I Get a DWI While Driving a Boat? What About a DWI While Riding an Electric Scooter?  

Yes, in Texas, you can be arrested and charged with BWI or Boating While Intoxicated if you’re operating a boat or watercraft while intoxicated. “It carries the same penalties and punishment as a normal Class B DWI,” Szlachtowski said, “and if there are passengers younger than 15 on the boat, you could face a State Jail Felony charge, similar to a DWI with a child passenger.”   

While electric scooters seem like a safer alternative to driving a car intoxicated, it’s not advisable to operate one when intoxicated. While there is no specific law regarding DWIs and e-scooters, it is possible to receive a DWI if you are operating one while intoxicated. Texas law states a “motor vehicle” is a device by which a person or property may be transported on a highway. Because of the ambiguity of the “motor vehicle” law, an e-scooter could fit this definition, allowing for prosecution of a DWI. Additionally, you could be charged for Public Intoxication, which is a Class C misdemeanor.  

How Can You Tell if You’re Too Drunk to Drive?   

Let’s be honest, if you have to ask if you’re too drunk to drive, you’re too drunk to drive. However, there isn’t a magical number of drinks that puts you over the limit. Alcohol affects people differently based on weight, age, gender, tolerance, food intake, and metabolism. Breathalyzers and BAC measurements can give you accurate data, and there are many affordable pocket versions that you can carry for safe measures. However, if you don’t have one of these in your back pocket, there are several behavioral cues that signal impairment.   

Common signs include slurred speech, delayed reaction times, difficulty maintaining balance, impaired judgment, and decreased coordination. “If you feel funny or ‘buzzed’, chances are you are intoxicated,” Szlachtowski said. A rule of thumb is to have a safe ride home any time you go out for drinks, regardless of how many drinks you actually have. It’s better to be safe than sorry.  

“Getting behind the wheel when you are intoxicated could result in arrest, injury, or even death. It is not worth the risk. If you think you are too drunk to drive, call a sober friend or use your favorite rideshare app!,” Szlachtowski advised.  

DWIs and DUIs in the U.S.   

What’s the Difference Between DUI and DWI?   

The terms DUI and DWI are often used interchangeably, but their legal meanings vary by state. In some jurisdictions, DUI refers specifically to alcohol, while DWI may include impairment by drugs, both legal and illegal. In others, the terms may indicate levels of severity, with DWI being considered the more serious offense.   

As mentioned earlier, in Texas, DWI is the charge applied to drivers operating a vehicle with a BAC of 0.08% or higher. DUI, on the other hand, typically applies only to individuals under the age of 21 caught driving with any detectable alcohol in their system. While both are criminal offenses, DWI charges usually carry harsher penalties and longer-lasting consequences.  

“A DUI in Texas is a Class C misdemeanor. This means the punishment typically includes a fine, required alcohol awareness courses, and community service hours,” Szlachtowski said. “Jail time is not part of the punishment unless a minor has been convicted of DUI twice before, in which case they might face up to 180 days in jail.”  

What State Is the Hardest on DWI?   

When it comes to harsh penalties for drunk driving, Arizona consistently ranks as the toughest state. Arizona mandates jail time for all DUI offenses, even first-time offenders, and requires ignition interlock devices for all convicted drivers. The state also imposes steep fines, license suspensions, and alcohol education classes.   

Texas, while not as severe across the board, is still among the top states with stringent DWI laws. It enforces mandatory minimum jail times for repeat offenders, imposes felony charges under aggravating circumstances, and utilizes no-refusal weekends to obtain blood samples from suspected intoxicated drivers who refuse breathalyzer tests.   

Consequences for Drunk Driving in Texas   

What Happens After a DUI/DWI in Texas?   

Depending on the facts and circumstances, a DWI can be charged in different ways, all including varying penalties. Szlachtowski breaks it down below: 

Convicted drivers may also be required to install ignition interlock devices on their vehicles, which prevent the engine from starting if alcohol is detected on the driver’s breath. These devices are often a condition of probation or limited license reinstatement.   

Is Texas a Zero Tolerance State?   

Texas has a strict zero-tolerance policy for drivers under the age of 21. Szlachtowski explains, “Even though the law allows up to 0.08% BAC for adults, the same law doesn’t apply for those under 21. Therefore, it is illegal for a person under the age of 21 to operate a motor vehicle, even with 0.01% BAC.” Penalties for underage drinking and driving include license suspension, fines, mandatory alcohol awareness courses, and community service.   

Zero tolerance laws were put in place to limit underage drinking and prevent the onset of future impaired driving behavior. Though the penalties may be less severe than for adult DWI offenses, the long-term consequences aren’t anything to take lightly. 

Is Jail Time Mandatory for Drunk Driving in Texas?   

“If convicted of a DWI offense, jail time may be mandatory,” Szlachtowski explains. A first DWI conviction typically results in a minimum of 3 days in jail, but this can increase depending on the facts of the case. For a second DWI offense, the minimum jail time is 30 days. A third offense carries a minimum sentence of 2 years and can go up to 10 years, depending on prior criminal history and other aggravating factors.   

“In lieu of a straight jail conviction, probation may be allowed on a DWI charge,” Szlachtowski continues, “however, as a condition of probation, jail time could be required by law.”  

For offenses involving injury or death, Texas law imposes felony charges that may result in years of incarceration. Judges have discretion in sentencing but are bound by statutory minimums. Additionally, time served may not be waived or probated in certain cases, especially for repeat offenders.   

Contact a Personal Injury Attorney   

If you are injured by a drunk driver, immediately call 911! If you suspect the driver is intoxicated, inform the police when they arrive. Police will investigate a possible DWI situation, which could lead to an arrest.  

In the next few days, you need to file a claim with the drunk driver’s insurance. If you have Underinsured/Uninsured Motorists (UIM) or Personal Injury Protection (PIP), you should file a claim with your auto insurance as well.  

If you feel pain or suspect you have injuries as a result of the drunk driver, you should contact a qualified personal injury attorney. The attorney can deal with the insurance companies on your behalf, help get you to see the right doctors and gather evidence regarding the DWI.