DWI Accident With Minor Injuries

Summary:

A DWI accident involving minor injuries in Texas triggers severe legal, financial, and personal consequences. Under Texas Penal Code §49.04, drivers face enhanced charges if an accident causes even minor bodily harm, such as cuts or sprains. Beyond immediate arrest, penalties escalate with prior offenses, BAC levels exceeding 0.15%, or injuries to vulnerable individuals like children. Businesses may face liability if employees drive under the influence, while individuals risk felony charges, license suspension, and lifelong criminal records. Unique challenges include proving causation between intoxication and injuries, disputing minor injury classifications, and navigating administrative license revocation.

What This Means for You:

• Immediate Action: Contact a Texas DWI attorney within 15 days of arrest to request an Administrative License Revocation (ALR) hearing (Texas Transportation Code §724.041). Failure to act forfeits your license automatically.
• Legal Risks: A first-offense DWI with minor injuries is a Class B misdemeanor (up to 180 days jail, $2,000 fine). With prior convictions or BAC ≥0.15%, charges elevate to a Class A misdemeanor (1 year jail, $4,000 fine). Injuries to children or pregnant women may trigger felony charges under §49.045.
• Financial Impact: Expect $10,000–$20,000 in total costs: attorney fees ($3,500–$10,000), court fines, DWI education programs ($1,000+), ignition interlock devices ($1,200/year), 3-year SR-22 insurance ($1,500+/year), and victim restitution.
• Long-Term Strategy: Seek deferred adjudication or pretrial diversion to avoid conviction. After sentencing, petition for occupational licenses and explore expungement eligibility (if charges dismissed) or nondisclosure orders (Texas Government Code §411.0731).

Explained: DWI Accident With Minor Injuries

Under Texas law (Penal Code §49.04), a DWI accident with minor injuries occurs when a driver operates a vehicle while intoxicated (BAC ≥0.08% or impaired by drugs/alcohol) and causes “bodily injury” to another. “Minor injuries” include cuts, bruises, minor fractures, or temporary pain not requiring extensive hospitalization. Crucially, prosecutors must prove intoxication directly caused the accident and injuries, unlike felony intoxication assault (§49.07), which demands “serious bodily injury” like permanent disfigurement.

Federal guidelines (23 USC §164) require Texas to impose mandatory license suspensions for DWI convictions, but state law governs penalties. The injured party need not be another driver—injuries to passengers, pedestrians, or cyclists still apply. Notably, “minor injuries” are often contested; a sprained wrist might be dismissed in one county but prosecuted aggressively in another.

Types of DWI Offenses:

Texas categorizes DWI accidents with minor injuries based on severity factors. Standard DWI with injuries (Class B misdemeanor) applies to first-time offenders with BAC Enhanced DWI (Class A misdemeanor) includes BAC ≥0.15%, minors in the vehicle (§49.045), or prior convictions. Aggravated DWI becomes a state jail felony if the driver has two+ prior convictions, or injuries occur in a school zone.

Common Defenses for DWI:

1. Illegal Stop: Challenge whether police had reasonable suspicion to initiate the traffic stop. 2. BAC Accuracy: Dispute breathalyzer calibration (per Texas Administrative Code §19.5) or blood test chain-of-custody errors. 3. Causation Defense: Argue injuries resulted from the accident itself, not intoxication (e.g., icy roads caused the crash). 4. Injury Classification: Prove injuries were superficial (abrasions) and not “bodily injury” as defined in Texas case law (Blewett v. State, 2014).

Penalties and Consequences of DWI Offenses:

First-offense DWI with minor injuries carries 3–180 days jail, $2,000 fine, and 90-day to 1-year license suspension. Enhanced penalties for high BAC/add-ons: up to 1 year jail, $4,000 fine. Courts mandate a 12–24-month probation term with alcohol counseling, 80–200 hours community service, and $1,200 DWI intervention program fees. Victims may sue civilly for medical bills/lost wages beyond restitution.

Collateral consequences include 2-year ignition interlock requirements (Occupations Code §521.246), 3-year SR-22 insurance filings, and permanent criminal records affecting nursing/law licenses. Commercial drivers face CDL disqualification under Texas Transportation Code §522.081.

The DWI Legal Process:

1. Arrest & Booking: After a sobriety test, police jail the driver and issue a DWI citation. 2. ALR Hearing: Within 15 days, request a Texas DPS hearing to contest license suspension. 3. Arraignment: Formal charges filed; enter plea. 4. Discovery: Prosecution shares evidence (police reports, BAC results). 5. Pretrial Motions: File motions to suppress evidence (e.g., faulty warrant). 6. Plea Bargaining: Negotiate reduced charges (obstruction of highway) or probation terms. 7. Trial: If no plea, jury decides guilt. 8. Sentencing: Judge imposes penalties per plea/trial outcome.

Choosing a DWI Attorney:

Select a Texas Board of Legal Specialization-certified DWI attorney with specific experience trying minor injury cases. Ask: “How many ALR hearings have you won in my county?” Local knowledge matters—judges in Harris County impose harsher penalties than Travis County. Avoid general practitioners; look for Advanced Roadside Impairment Detection Enforcement (ARIDE) training. Fee structures should include ALR representation ($500-$1,500) + flat-rate criminal defense ($3,500+).

Other DWI Resources:
• Texas DPS ALR Hearing Guide: dps.texas.gov/alr-hearings
• Texas Penal Code §49.04: statutes.capitol.texas.gov

People Also Ask:

1. “Can a DWI with minor injuries be reduced to a traffic ticket in Texas?”
No—Texas forbids plea bargains reducing DWI charges to non-alcohol offenses (Code of Criminal Procedure Art. 20.03). However, prosecutors may accept probationary “deferred adjudication” for first-time offenders, which avoids conviction if terms are met.

2. “Will I go to jail for a first-time DWI accident with minor injuries?”
Jail time is likely but negotiable. Texas courts typically impose 3–30 days for first offenses with injuries, though probation may replace incarceration. Refusing BAC testing or fleeing the scene guarantees jail.

3. “How long does a DWI with injuries stay on your record?”
Permanently, unless expunged. Texas permits expunction only if charges are dismissed or you’re acquitted (Code of Criminal Procedure Art. 55.01). Deferred adjudication qualifies for nondisclosure after 2+ years.

Expert Opinion:

Under Texas law, prosecutors treat DWI accidents involving injuries as gateway offenses to felony charges. Immediate intervention by a specialized attorney is critical to contest license suspension, challenge BAC evidence, and negotiate probation terms that mitigate career-ending consequences.

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