There is a lot of confusion about DUI laws in Texas. Some people think that if they only have one or two drinks, then they can’t get a DUI. Others mistakenly believe that they will get convicted of a DUI only if their BAC is above .08. In actuality, it is not safe to drive after having any alcohol, even one drink. It could put the driver at risk of causing an accident or getting a DUI charge. Unfortunately, in 2023, there were 1,505 drunk driving fatalities in Texas.
The Impact of Alcohol on Driving
Alcohol has a significant impact on driving ability, even after one drink. Part of the reason that drinking and driving are so dangerous is that people aren’t usually aware of how affected they are by alcohol when they choose to drive. For most people, one drink will raise your BAC to about .02. According to the National Highway Traffic Safety Association, when someone has a BAC of .02, they will experience the following:
- Decline in visual functions
- Slowed visual tracking ability
- Issues with divided attention
- Some loss of judgment
When a person has a .05 BAC, they will have:
- Reduced coordination
- Difficulty steering
- Difficulty tracking moving objects
- Slow response to emergencies due to lowered alertness
When someone has a BAC of .08 or higher, they will:
- Lose concentration
- Have short-term memory loss
- Be unable to control speed
- Impaired depth perception
- Unable to process information like signals and road signs
- Inability to stay in lane
- Difficulty braking
It is important to remember that alcohol affects everyone differently. Some people may not be intoxicated after a drink. However, the vast majority of people will begin to feel alcohol effects after a drink. That’s why it is important to stay safe and call an Uber or use a designated driver after having a drink.
Texas DUI Laws
Under Texas law, it is illegal to drive while intoxicated. Intoxicated means either:
- A person does not have normal use of mental or physical faculties because of alcohol or drugs or
- They have a BAC of .08 or higher
The distinction between the two definitions of intoxication is important because people respond to alcohol differently. One person may become intoxicated after only a drink or two, while another may not feel alcohol’s effects until after three or four drinks.
While anyone is legally intoxicated if their BAC is .08, a person can still be convicted of a DUI if they are experiencing any effect of alcohol. This could include:
- Slurred speech
- Disorientation
- Stumbling
- Sweating
- Smell of odor
- Nystagmus
This is why, for most people, it is not safe to drive after even a single drink, even if you aren’t at the alcohol limit.
Drunk Driving Victims Have Rights
Many drunk driving cases don’t result in criminal charges. Sometimes, people are hit by a drunk driver and need to file a civil lawsuit to get damages. Drunk driving victims have the right to recover compensatory damages after an accident.
Compensatory damages pay the victim for economic and non-economic losses include:
- Emergency medical bills
- Ongoing medical treatment
- Rehabilitation and physical therapy
- Lost wages and lost future earnings
- Physical or emotional pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- Loss of quality of life
- Permanent scarring and disfigurement
It is also common for families to recover significant compensation in wrongful death cases after a fatal crash.
Contact a Personal Injury Lawyer For Help
Driving after even one drink can be risky, both legally and in terms of safety. Alcohol affects everyone differently, and Texas DUI laws allow for convictions even if a driver’s BAC is below .08. If a driver shows signs of impairment, they can still be charged. If you suspect that the negligent driver in your case was drunk, call McMinn Personal Injury Lawyers for advice. We can help you pursue a personal injury case and collect damages for your losses.
Contact our Car Accident Lawyers at McMinn Personal Injury Lawyers for Legal Help With Your Case
If you’ve been injured, contact your nearest McMinn Personal Injury Lawyers location to schedule a free consultation today.
We serve in Austin, TX and Salt Lake City, UT.
McMinn Personal Injury Lawyers – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Personal Injury Lawyers – Salt Lake City, UT Office
650 S 500, Suite 290, Salt Lake City, UT 84104
(512) 474-0222
