Day Drunk | KGT Law defines the phrase day drunk as the state of extreme intoxication, usually, unintentionally, during normal business hours – generally Monday to Friday 9AM to 5PM. Day drunks tend to drink too much at an afternoon sporting event, like a baseball game, or while playing golf at the club with clients, or at an overindulgent three-martini lunch with colleagues. These day drinkers are already out and about and if they get behind the wheel of a car, may cause a car crash and be charged with driving while intoxicated (DWI) and other DWI-related charges, all before the end of the work day.

Day Drunk Driving Causes Fatalities

Even with the aid of daylight and optimal roadway conditions, day drunk driving accidents occur. A recent case occurred in Rhode Island, where a young man was driving drunk and killed his 17-year-old nephew. Following the fatal car crash, the young man allegedly claimed he was “day drunk.” In the Rhode Island case it is alleged that the young man hit the curb while driving a Jeep Wrangler on his way to Block Island with nephew in the passenger seat. The Jeep flipped over and the nephew was thrown from the vehicle. The nephew died at the scene. The uncle is a 20-year-old with a prior DUI offense and was driving with a suspended license. Prior to the accident, the young man posted on his Facebook page that he was “off to Block Island #day drunk #squad.”

Texas DWI Laws

21 is the legal drinking age in Texas. When a car crash results in the death of a passenger or another driver, the drunk driver also faces intoxication manslaughter charges, known as vehicular manslaughter in other jurisdictions.

Texas assigns driving while intoxicated (DWI) penalties according to the prior criminal record of the driver and the severity of circumstances surrounding the current DWI arrest and charges. Texas breaks up the DWI penalties for first time and repeat offenders and aggravating charges. The more times an individual is arrested and convicted for DWI the more fines, jail time, and community service hours get assessed.

Additionally, the actual crime classification moves from a misdemeanor to felony and the individual’s driver’s license gets suspended. Convicted drunk drivers may also be required to install an ignition interlock device.

If the car crash described above had happened in Texas, the young man would be facing a second underage DWI charge, intoxication manslaughter charge, have a permanent revocation of his driver’s license and be in violation of his probation following his first DWI offense.

DWI Defense Attorney in Texas

Plano and Denton Texas DWI Defense lawyer Kimberly Griffin Tucker represents people in criminal DWI proceedings as well as the corresponding civil administrative ALR hearings following driver’s license suspensions. From the charge to arraignment; sentencing through nondisclosure and expungement, Kimberly Griffin Tucker handles the full spectrum of DWI cases in Denton, Collins, and Dallas Counties to help you resolve your DWI arrest as quickly as possible. Contact Kimberly Griffin Tucker at 972-833-8246 or online here to schedule your free case evaluation.

(image courtesy of Jason Gillman)