A Texas DWI Attorney Describes a Unique DWI Case
At the Law Offices of Rios & Parada, we are well versed in Texas mandates concerning driving while intoxicated (DWI), and we have experience working with many unique DWI cases. No matter how many challenging and – in some instances – unconventional situations we have addressed, however, there are some DWI cases that are so unusual that they can even surprise an experienced DWI attorney. Here is one of the most interesting and somewhat bizarre cases we have heard of over the years, and it happened in New Zealand.
The DWI Family
When a minor is arrested for a DWI, the police typically inform the legal guardians so that the minor can be collected. In the case of one fifteen-year-old, however, his DWI instigated a domino effect for his entire family.
When the teen was pulled over late one Saturday night, a breathalyzer test revealed that he was 3.5 times over the legal youth limit for blood alcohol concentration (BAC). He was arrested and taken to the police station, and his mother was called to pick him up. Panicked, she headed to the police station – only to be pulled over and arrested for a DWI herself. Her BAC tested as two times the legal limit. She then called her husband to come get both her and her son, and – you guessed it – he was subsequently arrested for a DWI as well.
What Would Have Happened in Texas?
We know this story took place in New Zealand, but what if it had happened in the U.S.? If this had happened in Texas, specifically, some things would have been different. The fifteen-year-old was caught with a BAC that was 3.5 times over the legal limit for New Zealand, but there is no such legal limit for Texas minors. Notably, Texas has a Zero Tolerance Law concerning alcohol and minors. Minors are prohibited from driving if they are intoxicated to any degree – even if they only have trace amounts alcohol in their system.
Furthermore, Texas parents are liable for damages caused by the intoxication of minors if they provided the alcohol or allowed alcohol to be served to them on their property. Thus, while the details of this story as given by the Timaru Herald do not give insight into events leading up to the family’s three DWIs, a DWI attorney in Texas would work to find out where the boy got his alcohol in the first place.
For Texas adults, driving with BAC of 0.08% or higher is illegal. If the parents in this story had never received a DWI conviction, their first DWI convictions might have only been Class B Misdemeanors. If it was their third respective convictions, however, their DWIs could be considered 3rd-degree felonies. Common DWI penalties include fines, license revocation, and even jail time – and that is only the beginning.
A Texas DWI Attorney
Minors and adults who are charged with DWIs in the state of Texas should consult with a DWI attorney who is proficient with Texas law. Whether it is the driver’s first DWI or it is a family of DWIs, the lawyers at Rios & Parada Law are equipped with the knowledge to support a variety of clients. Don’t hesitate to contact us with questions concerning your case.