Texas DWI Accident Charges
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Texas law prohibits motorists from operating a vehicle while intoxicated. Intoxication is defined as having a BAC of 0.08 or above or, due to the introduction of any substance, losing the normal use of your mental or physical faculties. In most cases, police suspect a driver is under the influence and pull them over. However, when the police arrive at the scene of an accident, they will try to determine the cause and might make an arrest if there’s evidence to suggest one of the drivers caused the collision because they were intoxicated.
DWI Accident Penalties
Driving while intoxicated (DWI) is a serious offense in Dallas, especially when it results in the injury or death of another. The most common charges after a DWI car accident include:
- DWI Accident Resulting in Serious Bodily Injury – Intoxication Assault is generally a third-degree felony involving 2-10 years in prison and a maximum fine of $10,000.
- DWI Accident Resulting in a Fatality – Intoxication Manslaughter is generally a second-degree felony involving 2-20 years in prison and a maximum fine of $10,000.
- DWI Accident Resulting in (Non-Serious) Bodily Injury – If the driver in a DWI Accident is injured but not seriously, the charge is a regular DWI (but you will not be eligible for certain results like sealing your record after a conviction).
In addition to prison time and fines, you can expect your license to be suspended anywhere between 90 days to 2 years, depending on the severity.
Charged with a DWI After a Car Crash? Call Mike Howard.
With decades of experience defending clients, Dallas DWI attorney Mike Howard knows firsthand that the criminal justice system isn’t perfect. Innocent people get accused, charged, and convicted every day when they don’t have someone standing with them and fighting for them. Mike has dedicated his life to helping those accused of a crime, whether they face a misdemeanor or felony DWI after an auto accident.
From the moment you reach out to The Law Office of Mike Howard, you’ll be treated like an individual rather than a defendant. We understand how frightening facing a DWI under Texas law can be. Mike Howard provides a personalized, compassionate approach to every DWI crash defense. Our team genuinely values your time, energy, and trust.
Our Promise to All Our Clients
- A clear explanation of your case and your legal options.
- Your calls & messages are returned within one business day.
- We’re transparent and upfront about our pricing.
- We’ll craft a unique defense for your circumstances.
- We know how to protect your rights.
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Defending Against DWI Accident Charges
It’s common to feel helpless after being arrested for a DWI accident, whether or not it involves intoxicated manslaughter or intoxicated assault. The good news is that prosecutors must prove their DWI allegation beyond a reasonable doubt, making it the highest burden of proof in our justice system. With a strong defense from a talented attorney, you can establish doubt so that the court finds you not guilty.
Possible Reasonable Doubts
The prosecution needs to prove beyond reasonable doubt that you were impaired at the time of the crash. This means that instilling doubt can lead to a not-guilty verdict. Reasonable doubts that commonly arise in a DWI case include the following:
- You were not intoxicated (driving while tired, driving while texting, driving while distracted, etc.)
- Can they rule out that someone else may have been driving?
- Can they rule out that the police conducted an improper DWI investigation?
- failure to follow proper standardized field sobriety test procedures and protocols
- issues with the breathalyzer, blood draw and or storage, or blood test machine (proper calibration, maintenance, testing, qualified operator)
Unlawful Police Conduct
In cases where police officers violated your rights, such as conducting illegal traffic stops, illegal seizures, or illegal arrests, your case could be dismissed or thrown out entirely. Any evidence the police obtained unlawfully will be omitted from your case. Without sufficient evidence, the prosecution cannot prove your DWI accident charges beyond a reasonable doubt.
See Our Results
- Third DWI Felony – Not Guilty
- Intoxication Assault — Avoided Prison with Probation/ Alcohol Treatment.
Please visit our criminal defense resource center for more information about your rights and the legal process regarding DWI-related charges and more.
Dallas DWI Accident Charges FAQs
Will I Go to Jail for DWI Accident?
Depending on the severity, you could face months or even years in jail. A jail sentence may be unavoidable if the alleged offense results in serious bodily harm or death.
In these cases, your DWI attorney could fight to eliminate or reduce the charges and decrease your sentence. This can be achieved through expert and witness testimony and evidence obtained through discovery, negotiation, and various other legal strategies.
What if I’m Charged with DWI, But the Accident Was Not My Fault?
If you’re charged with a DWI after a car accident, but the other driver was at fault, it’s crucial to understand that the legal process will proceed regardless. DWI charges are criminal, while fault is typically handled in civil proceedings like insurance claims or lawsuits. These processes are separate, and a civil case outcome may not directly affect the DWI charge. However, a DWI conviction can be strong evidence against your argument that another driver is responsible.
Can I Expunge a DWI Accident Charge?
According to the Texas Criminal Code § 55.01, you cannot expunge a DWI-related conviction off of your record in Texas. If the case is dismissed, however, an expunction may be possible.
Start with a Case Evaluation
Together, we can get your life back.
When you’re ready to take the next steps, attorney Mike Howard is here to discuss your situation and design a plan to deal with DWI charges after an auto accident. Trust our experience, empathy, and ability to help put charges behind you.
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Located in the Element Towers West Building at 3010 LBJ Freeway, Dallas, Texas, attorney Mike Howard handles criminal cases across Dallas, Collin, Denton, and Tarrant Counties at the state level and in the Northern and Eastern Districts at the federal level.