Pedestrians face many hazards around town, with downtown Houston being especially dangerous. Serious threats include drunk drivers. Anyone who enjoys a drink downtown could end up crashing into a pedestrian because you don’t see them or cannot stop in time. Pedestrian accidents often make the news, because the victims suffer such serious injuries.
Below, we’ve outlined 5 consequences you are likely to face if you’re charged with hitting a pedestrian as a result of driving while impaired.
If you need to talk with an experienced Houston DWI lawyer about your situation, call Tad Nelson today at 281-502-2122.
Intoxication Assault Charges
Under Section 49.07 of the Texas Penal Code, you could end up facing intoxication assault charges if you cause “serious bodily injury” to someone while driving drunk. The statute says the injury must be so serious as to cause disfigurement, impairment of a bodily function, or a real risk of death.
Pedestrians are completely exposed, so they could easily suffer a serious injury. According to the AAA Foundation, a pedestrian’s risk of a severe injury is 10% when the car is going only 16 miles per hour, but that percentage jumps to 25% at 23 mph and 50% at 31 mph. At 46 mph, the risk is 90%. Any drunk motorist blowing through a red light at high speeds will almost surely gravely injure a pedestrian.
This is a third-degree felony, so you could end up behind bars for up to 10 years. Unfortunately, you can’t defend yourself by claiming the accident was a mistake. The law covers accidents. The prosecutor does not need to show you had an intent to harm anyone, which makes it easier for them to get a conviction.
Intoxication Manslaughter Charges
If the pedestrian dies, then you can face second-degree felony charges for intoxication manslaughter. The state only needs to show that your intoxication caused the death. They don’t need to show you intended to kill the victim or were reckless in operating the vehicle. If your blood alcohol concentration was high and you ran a red light, for example, then the state has powerful evidence to use against you.
License Suspension
Anyone arrested for DWI will have their license confiscated. This is standard. The state has the power to revoke your license simply for getting arrested, although you can request a hearing to contest it. You can also have your license suspended as punishment after conviction.
Loss of Reputation
Because pedestrians tend to suffer serious injuries, Houston media outlets tend to cover any accident, especially if it happens downtown. Your name is likely to end up in the newspaper. If you work downtown, you can expect your boss to find out that you struck a pedestrian and you might even lose your job.
Ignition Interlock Device
Texas law says that anyone arrested for intoxication assault must install an ignition interlock device on their vehicle within 30 days of being released on bond. You must pay all fees, and you can’t drive a vehicle without this device.
We Can Defend against DWI Charges
Facing DWI Charges in Houston? Call Tad!
Tad Nelson & Associates is a leading DWI defense law firm led by Houston DWI Lawyer Tad A. Nelson. We’ve helped thousands of people facing DWI charges in Houston, TX, and numerous success stories plus a plethora of 5 star reviews. If you struck a pedestrian while drunk and you’re seeking legal representation, please contact us to schedule a meeting.
We can be reached at 281-502-2122.
