Drunk Driving Accident and DWI Injury Lawyer
in Austin TX
Even a small amount of drugs or alcohol can impair a person’s ability to drive safely. If you have been injured in an accident caused by someone who had a DWI and was impaired by alcohol or drugs, contact an experienced lawyer for a free initial consultation.
At Leonard B. Gabbay, P.C. in Austin, Texas, we represent victims of preventable drunk driving accidents and DWI injuries. Even if an impaired driver avoids criminal prosecution through a DWI, the introduction of drugs or alcohol into a personal injury or wrongful death lawsuit can be a factor for a jury when determining how much compensation to award the injured drunk driving victim.
Texas civil accident reports contain a check box for the officer to indicate if he or she suspects the driver had been drinking. If the “had been drinking” box is checked, we will obtain the form and present it as well as other evidence that our investigation uncovers to a jury.
Pursuing Every Form Of Compensation After A DWI Crash
We will look for every opportunity to obtain compensation for you after a drunk driving accident. Not only will we pursue compensation through a personal injury claim against the drunk driver, but we will seek punitive damages. We may also pursue a claim against the bar that over-served the drunk driver or the social host who provided alcohol to the driver.
Effects Of Even Small Amounts Of Alcohol
In Texas, a person is considered legally intoxicated if he or she has a blood alcohol content (BAC) of .08 or higher. However, according to a review of more than 100 studies by the U.S. Department of Transportation’s National Highway Traffic Safety Administration, even small amounts of alcohol can impair a driver:
- Driving can be impaired beginning at.01 percent BAC.
- Vigilance can be impaired at .02 percent BAC.
- Tracking can be impaired at .01 percent BAC.
- Perception can be impaired at .03 percent BAC.
- Visual function can be impaired at .03 percent BAC.
- Cognition (judgment) can be impaired at .005 percent BAC.
Drunk Drivers Who Refuse Breathalyzer Tests
Criminal defense attorneys often advise their clients to refuse field sobriety tests and Breathalyzer tests. Even if those tactics help a drunk driver avoid criminal prosecution for DWI, it will not help him or her in a civil case. In drug and alcohol-related accidents, we will introduce evidence such as police car videotape and the police officer’s observations. If the driver weaved in traffic, smelled of alcohol or showed other signs of intoxication, that evidence can be compelling to a jury.
