Texas DPS Trooper Struck by Vehicle in South Austin, Driver Arrested for DWI

Texas Penal Code § 49.04 makes it a crime to operate a motor vehicle in a public place while intoxicated, whether by alcohol, drugs, or a combination of both. A first offense is typically a Class B misdemeanor, but penalties increase sharply with an open container, a prior conviction, or if the crash causes injury. When an intoxicated driver injures another person, as alleged in this case, prosecutors can pursue intoxication assault charges under a related statute, and the victim may also pursue a civil claim for damages separate from any criminal case.

Texas Transportation Code § 545.401 prohibits driving in willful or wanton disregard for the safety of persons or property, a standard that can apply when a driver fails to control their vehicle around others who are lawfully stopped, such as a motorcyclist waiting at a red light. Violating this statute is a misdemeanor on its own, but evidence of reckless driving can also support a finding of negligence in a civil injury claim. Together with intoxication statutes, this law gives injured victims and prosecutors multiple legal avenues to hold a dangerous driver accountable.