Legal Question in Criminal Law in Texas

If two adults are drinking and both are intoxicated and both knowingly and agreeably get in vehicle, which leads to a one car accident with both having equal amount of alchohol in system and both end up getting equally hurt, should that driver be charged with intoxicated assault under these circumstances. Both acted irresponsible and why should the other drunk adult not have to face any consequences. For instance he basically gave him a consent form signed to drive with him. Why should he not be liable for not stopping a potential accident from happening. It is like a person who sees someone with a weapon and doesnot take any measures to stop them and intervene preventing another from getting hurt. What is the difference here? Besides in the 1st case, both parties are impaired in their judgement due to alchohol.


Asked on 7/14/10, 5:06 pm

2 Answers from Attorneys
Paul Walcutt Law Office of Paul Holt Walcutt

Unfortunately, the law does not see it this way. Under Texas law, a person who is operating a vehicle while intoxicated and causes serious bodily injury to another person can be charged with intoxication assault. This information may be helpful at the punishment stage of a trial, but it doesn't disprove guilt for the offense.

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Answered on 7/15/10, 7:03 am
TC Langford Langford Law Office

This sounds like a test question. The impairment of the passenger does not absolve the driver of responsibility.

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Answered on 7/15/10, 11:01 am


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