Texas DWI: Driving While Intoxicated

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intoxication

In Texas, a person is legally intoxicated and may be arrested and charged with Driving While Intoxicated (DWI) with a .08 BAC (blood or breath alcohol concentration). However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC.

If you do not have a commercial drivers license, did not have an accident or child in the vehicle while driving intoxicated, the penalty ranges are as follows:

1st Offense

  • Up to a $2,000 fine.
  • Jail time between 3 days and 180 days.
  • License suspension for up to 2 years.
  • Annual surcharge up to $2,000 for 3 years to keep your           license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

2nd Offense

  • Up to a $4,000 fine.
  • Jail time between 1 month and 1 year.
  • License suspension up to 2 years.
  • Annual surcharge of up to $2,000 for 3 years to keep your license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

3rd Offense

  • Up to a $10,000 fine.
  • State prison time between 2 years and 10 years.
  • License suspension up to 2 years.
  • Annual surcharge of up to $2,000 for 3 years to keep your license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

The Morris Firm, info@themorrisfirm.net, (214)357-1782

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Texas Workers’ Compensation: Benefits

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workers

In Texas Workers’ Compensation claims there are medical and indemnity (money) benefits.  Each of these benefits are governed by the Texas Department of Insurance (TDI) through the Division of Workers’ Compensation (DWC).

Indemnity benefits are cash payments paid directly to the claimant (injured worker).  They are paid for disability (TIBs or SIBs); for the claimant’s whole body impairment (IIBs); payment to claimant’s who qualify for life time income benefits (LIBs); and benefits to beneficiaries of a deceased claimant.

Medical benefits are requested by a medical provider and approved or denied by the insurance carrier.  If approved, the medical provider receives payment for the medical care directly from the insurance carrier.  If they are denied, it can be for a number of different reasons (i.e. compensability, improper treatment, etc.).

To dispute adverse determinations of indemnity or medical benefits by an insurance carrier, the DWC allows the parties to resolve disputes through a hearing process at a field office of the DWC.

Daniel L Morris, The Morris Law Firm, info@themorrisfirm.net, (214)357-1782