Can I be Fired for a DWI?

Employers have a large degree of control over who they will hire, fire, and retain. For example, they can terminate an employee if he is not performing up to a certain standard or is causing some type of damage to the business. They can also fire some due to a criminal conviction, including DWI, or “Driving While Intoxicated.” This is a serious offense in Texas, and in most other states in the country. Drunk driving laws have been passed to discourage the behavior. The specifics vary from state to state, and Texas has its own set of rules for dealing with erring motorists.

Intoxication

Alcohol is frowned upon by driving laws because it causes impairment. The effects will depend on a person’s tolerance, weight, age, gender, and amount of alcohol consumed. Small persons tend to be more greatly affected than others. Some can feel changes with as little as one bottle of beer. They may feel dizzy and become off-balanced. Their decision-making could be impaired and their ability to react to situations will be slower than usual. They will have reduced control over their own body, which in turn makes it difficult to operate vehicles. Legal intoxication is defined as 0.08 blood alcohol concentration or higher. An arrest can also be made even if the BAC is lower as long as the individual shows signs of intoxication.

DWI with a Child Passenger

The laws are there to protect people, especially the most vulnerable among us. They are particularly harsh on drivers who are found to be intoxicated while having a child as a passenger. Simply put, they are putting the life of the child in danger because of their behavior. Those who are charged with DWI with a child passenger may be punished with a fine of up to $10,000. They could also face a maximum jail sentence of two years. Their driver’s license may also be suspended for up to 180 days or 6 months.

Escalating Penalties for Each Offense

As for regular DWI cases, the penalties will depend on the number of offenses on record. First offenders tend to be treated lightly but they could potentially ace harsh punishments as well. The fine can reach $2,000 while jail time can vary from 3 days to 180 days. The driver’s license can be suspended for a whole year. There might be an annual fee to retain the license for 3 years. After the second offense, the fine can reach $4,000 and license suspension can be as long as 2 years. After the third offense, the fine reaches a maximum of $10,000 and jail time can extend up to 10 years.

Gentle Reminders

If you have ever wondered, “Can I be fired for a DWI?”, the answer is that yes, it can happen. Prevent this by being a responsible driver. Do not attempt to go behind the wheel if you have consumed alcohol. Let others drive for you. Better yet, avoid alcohol completely if you know that you will need to drive later. In case you do get in trouble for intoxication, call a DWI attorney in Tarrant County for help. Lawyers will try to find ways to reduce the penalties or get the charges dismissed completely. With their assistance, you may be able to evade conviction and keep your record clean.

 

LINKS:

https://en.wikipedia.org/wiki/Driving_under_the_influence

https://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html

Dog Bite Claims In California

Attacks from dogs can cause serious issues for people including long-term disabilities, loss of their ability to work or care for children, and emotional trauma just to name a few.  In California, there are several remedies under the law that individuals can pursue if they’ve been the victim of a dog bite. Read on to learn more about California dog bite compensation and penalties.

Dog Bite Claims in California

In California, personal injury lawsuits can be filed in state courts by individuals and/or their attorneys.  Section 3342 of the California civil code states that an owner of a dog is liable for damages incurred by another person if those damages were caused by a dog bite and if the individual attacked was in a public area or occupying a private area to which they were invited or mandated to be.  

There are, of course, exceptions if a person is bitten by a dog carrying out its legal duties during the course of law enforcement or military work.  The law is also very clear that damages must have been caused by a dog bite alone, and not by some other action from the dog (such as pawing).

Statute of Limitations for Dog Bite Claims

A statute of limitations is a window of time in which a person can file a claim in civil court for damages caused by a dog bite.  Every state has its own statute of limitations and may have varying lengths of time where civil remedies are available to injured parties.  

In the state of California, the statute of limitations is two years for personal injury cases under which dog bite incidents apply.  So individuals have two years from the date of the incident to file a claim in court for their rights in a personal injury dog bite case.

Strict Liability State

California is what is known as a strict liability state.  In some states, dog bite personal injury cases allow an element of negligence to be considered.  California however does not consider the owner’s knowledge or lack thereof when determining culpability for dog bite incidents.  In other words, it does not matter if the owner did not know a dog would behave in an aggressive manner. They are still on the hook for damages.  

In other states, victims must prove that the owner was negligent.  For instance, they must prove that the dog owner did something wrong that, in time, resulted in a plaintiff being bitten by the dog.  

Common Defenses

The only defense against a dog bite claim in California is trespassing.  A dog owner must prove their assertion that a victim was present on their property against the law in order to defend against a dog bite claim with success.  This means they must show that a person received clear warning not to come onto a property and/or preventative measures to keep people away from the property where a dog was being kept were taken.

This, in effect, puts the blame of being bitten on the victim for being on property they did not have permission to be on in the first place.

Dog bites can be a very serious incident for both victim and owner. Victims can suffer long-term injuries and emotional harm as the result of an attack.  Owners are often subject to serious financial penalties for dog attacks.