- 1. What is the legal limit of intoxication in Texas?
- 2. How much of a problem is drunk driving in Texas?
- 3. I was in a collision with a driver who was drunk, but I may also have been at fault. Can I bring a lawsuit?
- 4. How long do I have to bring my case against a person who was driving under the influence?
1. What is the legal limit of intoxication in Texas?
The legal limit for intoxication for adults in Texas is .08 blood alcohol concentration (BAC). However, normal, mental, or physical capabilities can be lost, even at alcohol levels below the .08 level. Also, in Texas there is a “zero tolerance” law that penalizes persons under 21 who operate a vehicle with alcohol in their systems, even below the .08 level.
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2. How much of a problem is drunk driving in Texas?
In 2003, The National Highway Traffic Safety Administration (NHTSA) reported that 1,709 people were killed and 63,500 people were injured in alcohol-related accidents in Texas. The percentage of accidents that are alcohol-related in Texas is 46.5 percent and well above the national average of 40 percent.
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3. I was in a collision with a driver who was drunk, but I may also have been at fault. Can I bring a lawsuit?
Texas recognizes “comparative fault,” which apportions the fault of each person involved. If you are equally or less at fault than the other driver, you may recover a reduced amount of damages if you can prove the negligence of the other driver.
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4. How long do I have to bring my case against a person who was driving under the influence?
Texas allows you two years from the motor vehicle accident to bring a lawsuit.
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