On Tuesday, December 22, 2009, Harla Singleton, 24, was driving on Rachero Road with her 2 young children inside the cab when her vehicle swerved off the road and landed on its side in a ditch. The mother was intoxicated, but said she crashed because she was distracted by her children.
Witnesses state that one of the children had a bump on the left side of her head, but no one else was injured. Everyone in the vehicle was wearing seat belts.
Department of Public Safety trooper John Moorman said that Singleton failed a field sobriety test. The woman was taken to Peterson Regional Medical Center for a mandatory blood test confirming her intoxication. Although the results are not in yet, Moorman felt she was intoxicated enough to be arrested and was transported to Kerr County Jail and was released the next day. This was Singleton's first arrest.
It is unclear who took the children after Singleton was arrested and whether Child Protective Services will get involved.
It is illegal in Texas to operate a motor vehicle with a .08 percent or above blood alcohol concentration (BAC). The .08 limit is used across the United States as the benchmark for the "impaired" driver. Texas has different BAC limits for commercial and teenage drivers. A BAC of .04 is the limit for commercial drivers and .02 is the limit for drivers under 21 years of age.
In the state of Texas, there are extra penalties for driving drunk with minor passengers.
Penalties For Driving Drunk - First Offense
72 hours to 180 days in jail (up to 2 years in jail if minor children are in vehicle)
License suspension from 90 days to 1 year
$2,000 maximum fine ($10,000 if minor children are in vehicle)
DWI surcharge of $1,000 per year for 3 years (BAC .16 or below)
DWI surcharge of $2,000 per year for 3 years (BAC above .16)
Penalties For Driving Drunk - Second Offense
30 days to 1 year in jail (up to 2 years if minor children are in vehicle)
License suspension from 180 days to 2 years
$4,000 maximum fine ($10,000 if minor children are in vehicle)
DWI surcharge of $1,500 per year for 3 years (BAC .16 or below)
DWI surcharge of $2,000 per year for 3 years (BAC above .16)
Penalties For Driving Drunk - Third Offense
2 to 10 years in jail
License suspension from 180 days to 2 years
$10,000 maximum fine
The 3rd conviction for a DWI in Texas is considered a 3rd degree felony and you may be ordered to install an ignition interlock device on the vehicle at your own expense.
The State of Texas has an "implied consent" law. The implied consent law means that any person who receives a drivers license automatically consents to a chemical test of their blood, breath or urine to determine blood alcohol content or the presence of drugs. If you refuse the test, your drivers license will be confiscated and you will be issued a temporary drivers license until your court hearing. During the hearing your test refusal will be used against you and the court may rule to suspend your drivers license.
Sources:
Kerrville Daily Times: Woman Arrested After Crash On Ranchero Road, http://www.dailytimes.com/story.lasso?ewcd=20c715a42654e9e0
Driving Laws: Texas Drunk Driving Fines & Penalties, http://dui.drivinglaws.org/texas.php
Published by Taylor Rios-Denoir
Prior to her writing career, Taylor worked as a mental health counselor and then as a paralegal. She has 4 children ranging in age from 6 months to 17 years, is widowed and has relocated from San Antonio to... View profile
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