Public Intoxication vs. Driving While Intoxicated When it comes to the difference between public intoxication and driving while intoxicated, a public intoxication can be defined as a kind of legal charge that a person who is under the influence of drugs or alcohol or is seen to be visibly drunk while still operating in public. It’s very similar to the differences between a DUI and a DWI. When it comes to driving while under the influence, means that a particular individual is impaired in such a way that he or she can no longer be able to drive with caution different from how well a sober person would be able to drive. For public intoxication, you need to have a very high degree of impairment to a point that prevents you from functioning the way that you are supposed to. for you to be charged with a public intoxication, more prove is going to be needed compared to if you were to be charged for a driving while under the intoxicated in Houston. Understanding Public Intoxication The laws that have been put in place in regards to public intoxication have mainly been put so as to prevent those people who have a tendency of disturbing or interrupting the day to day activities of people in the public. Also, this law has mainly been put so as to remove people who may be incapable of stopping themselves from not only hurting themselves but others as well. The Basic Elements of a Public Intoxication Charge There are a number of elements that must be met for a public charge to take place. They include: You seem or appear to be; Intoxicated or drunk, and you are in public Also, many states have it as a requirement that prosecutors have to prove that you were found to be seriously out of control in a way in which you are incapable of taking care of yourself or that due to your intoxication, you pose to be a threat to other people as mentioned earlier. Understanding Driving While Intoxicated Driving while intoxicated in Houston is considered to be a very serious crime. If a police officer notices that you are driving recklessly and that you are violating all the laid out traffic rules, then they have a right to stop you and get to question you in regards to the driving while intoxicated charge. The Blood Alcohol Content Whenever you consume an alcoholic drink, this drink is usually absorbed into your blood. There are a number of different tests that can be carried out so as to measure the amount of alcohol that is in your blood. If a police officer suspects that you are drunk, then you may be required to make use of a breathalyzer so as to test the level of alcohol in your system.
Common Types of Evidence Used in Texas Dram Shop Cases The only way in which you can be able to win a dram case is if you are able to show or rather prove that the bar served a person who seemed to be intoxicated already and that as a result of his or her intoxication, there was a fatality or injury that occurred as a result. You may be wondering how it is that you can be able to prove that all these elements are actually true. Well, the easiest way for you to be able to do this is by providing evidence. And not just any kind of evidence, you need to be able to provide evidence that is of high quality for you to be able to win a dram shop case. Therefore, with this in mind, it is advisable that you hire an attorney who has all the right skill and experiences when it comes to dealing with cases like this one which involves the carrying out of liquor liability investigations. What is it that has to be proven when dealing with a drama shop case? For one to be able to win a drama shop case or the party that has been injured to win, the following, must be shown. That there was a licensed provider of liquor or alcohol; Either served, sold or provided alcohol; To an adult recipient; Who was clearly seen to be intoxicated already to an extent in which he or she posed a danger to others and him or herself as well… And as a result, the actions of the recipient was the main cause of the injuries that were suffered by the plaintiff. As mentioned above, there are a number of different elements that you may have to prove for you to be able to win this kind of case. In the case whereby your lawyer is able to prove that the accident that you were involved in was as a result of a drunk driver and that prior to the accident they were drinking at a certain bar, but your lawyer fails to prove that the bar either served, sold or provided the alcohol to the drunk driver then chances are high that you are going to lose the case. Understanding the Meaning of the Elements Who is an adult recipient? This can be defined as anyone who has reached the age of 18. What does it mean when you say a licensed provider? This can best be described as someone who serves, sells and provides alcohol in sports venues, restaurants, bars, catering companies just to mention a few. Who is an obviously intoxicated person? This is the serving of additional alcohol to a person who is already intoxicated.
Why the Law Lets You Sue Bars for Drunk Driving Accidents There is a serious problem in many states when it comes to drunk driving accidents. And with this, many people who are been involved in this kind of accidents are seeking the services of drinking and driving attorneys to help them out with their cases. One of the main cause of these accidents are these bars which tend to over serve an already drunk individual who then end up getting involved in accidents which may also end up negatively affecting other road users as well. However, even though the law is letting people sue bars for drunk driving accidents which have been on the rise, many people have a problem with this law. This is mainly because most people would not really understand why a bar has to be sued for the sins that have been caused by a driver who is drunk. What is the legal justification when it comes to suing a bar? It is a responsibility for every single person in every state to be their brother’s keeper regardless of the situation in which they are in. In other words, it can be said that you have a kind of contract which is unspoken with all your neighbors meaning that the contract imposes you to carry out a number of obligations. Some of these obligations include not hurting your neighbor or anyone else due to your recklessness and your carelessness. Every single person is bound by this kind of care which is also known as the duty of responsible care or rather the reasonable person standard. The standards care that have been mentioned above tend to be looked at when dealing with personal injuries cases and in the making of various considerations. For example, when someone causes a serious road accident as a result of not checking their mirror, they are going to be sued by the law for negligence. Therefore, if you keep on selling alcohol to a person is seen to be already drunk and ends up causing an accident, then you may end up being sued. Understanding What Dram Shop Law Is Suing a particular bar as a result of a drunk driving incident is not something that is uncommon. In fact, this law has been understood by many different people. Also, because of the laws that have been put together, all states should be held accountable when it comes to the suing of bars that may have played a big role in drunk driving accidents. These laws that have been laid out to deal with such cases is what is known as a dram shop law. According to some states, it has been strictly and clearly been prohibited from selling alcohol to someone who is already intoxicated.
Texas DWI Law Enforcements Texas is a state known for the countrymen and horse keeping. Being a state with people and roads, laws must come to play just like anywhere else. Drunk driving is one of the serious offenses within Texas. If you are found on the wrong side, be sure of consequences. Alcohol and other intoxications will interfere with your focus. While driving, concentration is vital. Without that, accidents are deemed to happen just after every minute. The policy within the state is that all drivers must be sober to guarantee an auto accident-free lifestyle. But that is yet to happen. Accidents still occur, and although some are due to general causes, drunk driving still constitutes a great percentage of the accidents followed by an administration revocation hearing and multiple court hearings. That’s why tough laws are being implemented to curb the challenge. Use of BAC For drunk driving to be an offense, there has to be evidence. Blood alcohol concentration test is commonly used by the state to gauge the level of intoxication a driver is in. BAC limits vary with age, body weight, sex and so forth. For minors above 21 years of age, the limit is 0.08%. Commercial drivers are supposed to be even more sober as lives of many pedestrians are on their hands. That’s why their BAC limit is lowered to 0.04%. Minors or kids below 21 years are not supposed to have any percentage of intoxication. That is to say that it’s illegal to take alcohol while in Texas if you are below 21 years of age. Although BAC test gives the main evidence, other alcohol related evidence can still be used against you in a court of law. That includes having open alcohol bottles within the driver’s cabin. And even such a simple offense even when you are not taking that beer can cost you a fortune. DWI Penalties This bit completes DWI laws to be legally binding. The penalties do vary according to various factors e.g. license type, age, death effects, having passengers on board etc. none of the penalties is good. They are basically punishments that instill pain. They include: Community Service Fines Jail Time License Revocation Compulsory DWI Education Forced To Take More Expensive Insurance With the driver knowing that either of these is likely to happen to him/her if he commits the DWI offense, then most will withdraw. Of course, some will still proceed on to drink. If they are lucky, they get away with it. If not so lucky, they find themselves in the mess. The Penalties Get Harsher With Recurrence They say that a mistake is only a mistake when repeated. DWI laws borrows a little from that. But don’t get it wrong. Consequences still apply even for first-time offenders only that they can be made mild. The first one can be a mistake but you only confirm it was not a mistake if you are caught twice or thrice,…