(August 31, 2022) On August 27, 2022, a former O’Connor High School football player was thrown off a bridge and killed while providing assistance to stranded students in the Fort Worth area, as reported by My San Antonio News. Charles Trammell III, 20, was helping stranded students change a flat tire on the access road to I-30 when he was struck by a driver who is suspected of being intoxicated. The force of the impact sent him flying off of Highway 287 ramp to I-30 westbound at around 9 p.m., causing him to fall more than sixty feet below. The driver, Miguel Angel Lopez, has since been charged with intoxicated vehicular manslaughter and an accident involving death. Drunk driving is a big problem for Texas drivers. In this article, we’ll look at the difference between a DWI and a DUI charge and what the implications of an intoxication manslaughter charge are in San Antonio.
Did you know?
Texas saw over twenty-five thousand drunk driving-related crashes, which accounted for twenty-four percent of all traffic-related deaths in 2021. Texas ranks as the fourth worst state for drunk driving in the nation.
What’s the Difference Between a DUI and DWI Charge?
A DUI charge, or driving under the influence, is a charge that is given to minors (minors being those under the age of 21, not 18) for operating a vehicle while intoxicated. A minor does not have to be over the legal limit to be charged, as any amount of detectable alcohol for a minor is a crime. There is no jail time for a DUI charge; however, the minor may be sentenced to participate in community service, take alcohol education classes, or even probation. Additionally, regardless of whether or not it was the minor’s first offense, they may have their license suspended.
A DWI charge, or driving while intoxicated, is a charge given to those 21 or older who have operated a vehicle while drunk or under the influence of drugs. If the driver’s blood alcohol content (BAC) is 0.08% or higher, they will be charged with a DWI. Usually, an officer who suspects a driver of being intoxicated will administer a breath test, which attempts to determine blood alcohol content based on the amount of detectable alcohol in the driver’s breath. However, since the ratio of detectable alcohol can vary significantly from person to person, they are often challenged in court.
Intoxication Manslaughter Charge
An intoxication manslaughter charge is given when a death has resulted from a driver operating a vehicle under the influence of alcohol or drugs and is a second-degree felony in Texas. This can lead to a prison sentence between two and twenty years and a fine of no more than 10,000 USD. In order to prove recklessness in an intoxication manslaughter charge, all the attorney has to prove is that you were operating a vehicle in a public place while drunk, as in the above case. In order to defend against an intoxication manslaughter charge, you have to prove that your drunk driving did not directly cause the person’s death. If you are facing an intoxication manslaughter charge in San Antonio, contact our team immediately.
Have you been injured or lost a loved one in DWI/DUI accident in San Antonio? The law office of Carabin Shaw has 30 years of experience representing the victims of Drunk Driving in San Antonio. Contact us today at 800-862-1260.