According to Texas state law, a person is considered intoxicated if they have a BAC of 0.08 or higher or if they are mentally or physically impaired due to the consumption of alcohol or the use of a controlled substance, illegal drug or combination thereof. Conviction can result in anything from a Class B Misdemeanor to a third degree felony depending on prior DWI convictions and any harm you may have caused to others for reckless driving.
Insurance adjusters recognize the risk involved in defending a drunk driver who has caused serious injuries and will evaluate the claim differently.
A personal injury attorney confronted with an adverse driver who was drunk at the time of the collision with the client must know the procedures in preserving crucial evidence of intoxication.
A lawyer working on a personal injury case cannot interfere with the investigation and prosecution of the DWI case. A lawyer may easily cross the line and commit violations in tampering with a witness or tampering with evidence while the claim is being prosecuted.
Having a good relationship with law enforcement officials is important in receiving cooperation while the prosecution of the DWI charge is ongoing. Rick’s seven (7) years experience as an Assistant City Attorney and 13 years as a general practitioner has allowed him to know the intricacies involved in preparing a personal injury claim against a drunk driver. An inexperienced attorney will miss important evidence or fail to send necessary preservation letters to the law enforcement entities in charge of prosecuting the DWI charge.