The 1987 film Planes, Trains, & Automobiles is a comedy starring Steve Martin and John Candy that follows the trials and tribulations of a man traveling home for Thanksgiving and how he copes with the breakdown of various forms of transportation in the company of a shower curtain ring salesman. As the title of the movie scrolls across the screen during the running of the credits, the sounds of a plane, train, and automobile are all heard simultaneously.
The following case out of New Mexico reminds me of the movie referenced above and the sound of all the modes of transportation running at the same time. A man in an SUV allegedly crashed into a fire truck responding to an unrelated car accident on the highway. An emergency helicopter was at the scene of the accident and in the process of attending to injured people from that car accident. The SUV driver next allegedly crashed into the helicopter. Both the helicopter and fire truck were disabled.
Thankfully, the people that were receiving the emergency roadside medical assistance who were about to be transported by the helicopter to the hospital were not in it at the time of the second crash. The pilot and EMS personnel were also not in the helicopter so no one suffered injuries or because of the second crash. The helicopter, fire truck, and SUV were all towed from the car crash scene because the property damage was extensive and expensive. The SUV driver was charged with two crimes and one violation: aggravated DWI, resisting arrest, and an open container violation.
Is This Still Alcohol Impaired Driving?
Yes. Any time you enter a car intoxicated on a public roadway in Texas, even if the automobile is parked, you can be arrested and charged withDWI. Alcohol impaired driving in Texas is determined by measuring the blood alcohol concentration or blood alcohol content (BAC) level in the driver’s circulatory system. BAC levels are measured with a breathalyzer (breath test) or via a blood test. In Texas, alcohol impaired driving is reached when a suspected drunk driver’s BAC level reads .08%. It is still possible to be charged with alcohol impaired driving if a suspected drunk driver’s BAC level reads less than .05%.
Below are Texas’ BAC limits by type of driver:
- 21 or older drivers: .08%
- Commercial drivers: .05%
- Under 21 drivers: any detectable amount
Every DWI Case is Unique
A good DWI defense attorney in Texas will guide you through every step of the process – from arrest and arraignment to plea or trial. At The Law Office of Kimberly Griffin Tucker, P.C., we represent people accused of DWI in the Plano and surrounding area of Denton County Texas. If you or someone you know has been arrested for DWI, contact us for a comprehensive case evaluation.
(image courtesy of Highway Patrol Images)