The Difference Between a DUI And DWI in Texas

While most people are familiar with the terms ‘DUI’ and ‘DWI’, the similarities and differences might not be fully understood. As laws vary from jurisdiction to jurisdiction and state to state, we are presently examining the difference between DUI and DWI in Texas. In Texas, driving under the influence and driving while intoxicated have some commonalities and differences that, in legal terms, have different outcomes and carry different penalties. While both refer to the operator of the vehicle being intoxicated above acceptable levels that result in the impairment of their faculties, due to drugs or alcohol, there are some crucial differences in the state of Texas, due in part to their zero-tolerance policy.

The Differences Between Texas DUI and DWI

In Texas, there are a few differences between a DUI and DWI, but the main one involves the age of the individual operating the vehicle. According to Texas law, a vehicle operator who is 21 or older is legally intoxicated when their blood or breath-alcohol concentration is .08, or when they are impaired by drugs. In either of those scenarios, the individual can be charged with a DWI.

If a driver is pulled over who is under 21 years of age and they are found to have consumed any amount of alcohol, that individual can legally be charged with a DUI. The question of impairment is irrelevant as under Texas law, drivers under the age of 21 are not allowed to drive with any amount of detectable alcohol in their system; in Texas, this is known as the ‘zero-tolerance’ policy. In the same situation, if the minor has a blood or breath-alcohol concentration of .08 or higher, they can also be charged with a DWI.

Penalty Differences Between a DWI and DUI

The differences between a DWI and DUI also include the enforced penalties. For first-time DWI offenders, possible penalties include a hefty fine of up to $2,000, a driver’s license suspension for up to a year, jail time served between 3-and-180 days, and a reoccurring annual fee of $1,000 or $2,000 for up to three years to maintain their driver’s license. These penalties are severe, can affect your driving record, and be highly disruptive to daily life and maintaining gainful employment.

DUI Penalties for Minors

In terms of potential penalties for a minor who is pulled over for driving with detectable alcohol in their system, they vary somewhat: fines of up to $500, 20-to-40 hours of community service, a driver’s license suspension for 60 days, and the completion of a series of mandatory alcohol-awareness courses. With each subsequent offense, for both adults and minors alike, the penalties increase in severity for both DWIs and DUIs.

The main difference between DUI and DWI in Texas involves a couple of factors: the age of the individual operating the vehicle, and the amount of impairment. While an adult being charged with a DWI has to have a legal drug or alcohol impairment (BAC) of .08, a minor found to have any amount of detectable alcohol in their system can be charged with a DUI; this is due to the zero-tolerance policy in Texas. A minor, however, who also has a BAC of .08 or higher can also be charged with a DWI.

If you find yourself being charged with a DUI or DWI in Texas, the potential penalties can be severe and carry with them long-reaching consequences. You will want to take the offense very seriously, and seeking out drunk driving defense lawyers in Texas can help ensure you are getting the best possible defense and outcome for yourself.

https://en.wikipedia.org/wiki/DWI_(disambiguation)

https://en.wikipedia.org/wiki/Driving_under_the_influence

 

Filing a Lawsuit in Louisiana

An accident can happen at any time, and unfortunately, it can be pretty painful. Even worse, you didn’t even cause it. Instead, someone else was careless with your health and safety, and now you’re the one that has to deal with the pain and suffering. It’s frustrating, and you likely deserve justice for the suffering you’ve been put through.

If you’ve been hurt by someone else’s carelessness, there’s a good chance that you’ll need to file a lawsuit to recover from the injuries. This can be complicated, however, and you might have a little trouble getting your compensation.

If you’re struggling with your case, don’t worry: there are plenty of law firms in Louisiana that can help you with your claim. You’ll need to simply find the right attorney for you and prepare for your claim by following these steps.

Act in Time

When you’re considering a lawsuit against someone, remember that you’ll have a limited time to file. This law, called the statute of limitations, limits the number of years that you can wait before you file your claim. In Louisiana, for example, you’ll only have a year to file your claim and get the compensation you deserve.

Knowing this as soon as possible can help you protect your compensation. You’ll know that you need to act as soon as possible. Fortunately, it also helps to preserve your evidence. When an accident happens, you’ll need to act fast to ensure that your evidence is as clear and useful as possible. If you don’t act in time, however, you’ll be barred from compensation and left with a dismissed claim.

Find Your Claim’s Worth

Once you’re ready to file your claim and get started in time, you’ll then need to find how much that claim is worth. When you’re filing your claim, you’ll need to list several pieces of information: information about the accident, your injuries, and the person who’s responsible for the accident.  

As such, a large part of filing your claim will be determining what you need or deserve for your compensation. You’ll need to find the worth of both your economic and “noneconomic damages,” which a lawyer can help you find. Once you’ve determined what your case is worth, you’ll be certain that you’re getting the full compensation you deserve.

Some of the damages frequently included in lawsuits are the following:

  • Current and future medical expenses
  • Lost wages
  • Household services
  • Pain and suffering
  • Emotional trauma
  • Mental anguish

Find the Right Defendant

Now that you’ve acted in time and determined how much your injuries are worth, you’ll need to know one more thing: who is paying for all those expenses? You’ll need to determine who’s responsible for the suffering you’ve caused.

This is easier with cases where you were directly harmed or if you’re in an accident caused by a direct action, like a person driving distracted. But, who’s responsible when you’re injured because someone was careless with their property upkeep or because of a defective product?

Sometimes, you’ll need to dig a little deeper to find the culprit for your injuries, which is easier said than done when you’re badly injured. You’re spending most of your time and energy on your recovery, so finding the right person can be difficult. Fortunately, a lawyer can also help you through this.

Contact a Lawyer

Of course, the above steps aren’t easy when you’ve just suffered a serious injury. You might be struggling to stay awake or deal with the trauma of your experience, and finding out how much your claim is worth is a complex task that might be too much for you during your recovery.

That’s what it’s recommended that you don’t act alone. Rather than putting your claim in danger, choose instead to reach out to an attorney. They’ll be able to guide you through the above steps to filing your personal injury claim correctly. Once you’ve completed all this and filed your lawsuit, they can fight for the compensation you need to recovery.

As such, it’s best to hire a lawyer if you’re struggling with any of these steps. They’ll review your case and make sure you get what you need for a full recovery.

Wrongful Death Laws in Illinois

Losing a loved one is one of the most painful experiences that anyone will ever experience. However, if your loved one was wrongly taken from you, or if their death was the result of the carelessness or negligence of someone else, the situation can be even harder to handle. In cases such as these, the sudden loss of a loved one could leave you with unexpected expenses and losses that prevent you from moving on with your life as you should.

Although nothing can bring back your deceased loved one, the laws in the state of Illinois allow you to file a claim against the responsible party in order to recoup the expenses and losses you have incurred. This can be done by filing a wrongful death claim. This wrongful death claim allows you to receive compensation for the losses you incurred as a result of the death of your loved one. The lawsuit also enables family members and loved ones to recover benefits that they would have received had the deceased person survived.

The wrongful death Act in the state of Illinois determines who is allowed to open a wrongful death claim. According to the law, the spouse and children of the deceased are eligible to file a wrongful death claim. If the person who has passed on does not have a spouse or children, other family relatives are able to file a wrongful death claim such as the parents or siblings of the deceased.

Wrongful death claims can be found in various situations when an individual is killed as a result of someone else’s carelessness, recklessness or negligence. Some examples of this include medical malpractice, dangerous or defective products, car or truck accidents, drunk driving, workplace accidents and dangerous property conditions.

In some cases, the conduct of another individual, company or municipality that caused the death of an individual is a criminal offence. However, whether or not criminal charges are brought against the other individual company or municipality, it does not prevent a wrongful death claim from being opened. Likewise, irrespective of whether the guilty party is acquitted or found guilty, it will not affect the outcome of the wrongful death claim as it will be processed as a civil case. Civil matters are based on its own set of merits as opposed to criminal cases.

Some of the losses that you are entitled to be reimbursed for include:

  • Funeral and medical expenses
  • loss of inheritance
  • Emotional distress
  • Loss of companionship and parental guidance
  • Punitive damages

According to the wrongful death laws in Illinois, damages that are recovered in the lawsuit are distributed to the eligible parties according to their dependence on the deceased’s support. Since there are no set criteria for determining the proportion of distribution, this is left largely to the court’s discretion.

If you lost a family member or loved one due to the carelessness or negligence of another individual company, you should look into contacting Illinois wrongful death attorneys. These attorneys are experienced in this type of claim and are therefore able to assist you better than other types of lawyers. A wrongful death attorney will examine the circumstances surrounding a wrongful death claim and will, therefore, assist you in receiving compensation for your losses and expenses as a result of the wrongful death of your loved one.

 

https://en.wikipedia.org/wiki/Wrongful_death_claim

https://simple.wikipedia.org/wiki/Wrongful_death_claim