Learner's Permits & Impaired Supervision
Many people are aware of DWI restrictions and regulations, but they may not know about Impaired Supervision and how it relates to people driving with a learner's permit and the people in the passenger seat. If you agree to be the front-seat passenger with a driver using their learner's permit, you assume a Supervisor or Instructor role. As such, you can be charged with something quite similar to a DWI even if you aren't driving.
The Texas parental liability law establishes liability for property damage caused by a teen under these circumstances, but a parent may be liable for personal injury or death as well if the parent negligently entrusts the vehicle to the teen who the parent knows to be a reckless, unlicensed, or intoxicated driver.
So, for example, a parent who allows a teen to take the family car out at night knowing that the teenager lacks the requisite skill to make the drive safely has a tendency to drive recklessly when unattended, or is likely to consume alcohol before driving home would likely be responsible under Texas’ parental liability law. On the other hand, a parent who has every reason to believe that his teen is a safe driver and entrusts a well-maintained family car to the teen to make a short drive to the local grocery store likely will not.
Charges Can be Filed, Even if You Aren't Driving
The way that the penal code describes Impaired Supervision closely mirrors the code for DWI charges. If you are in a vehicle with a driver with a learner's permit, you are responsible for driving soberly and being alert and aware of your surroundings. Because of this, the passenger cannot be impaired in any way. Unfortunately, many people are not aware of this statute and find out after it's too late. The situation can also be confused with the use of faulty testing measures that create false positives.
Though not technically a DWI or DUI, Impaired Supervision is still a serious charge. If you have been charged with Impaired Supervision, it's a good idea to find a lawyer experienced with this type of charge. Thankfully, there are lawyers who specialize in helping citizens fight unfair and unjust DWI charges, including Impaired Supervision. Call Denuna Law today and schedule an introductory consultation to find out more.
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