On April 4, 2010, three time convicted DWI offender John Patrick Barton was driving while over the legal alcohol limit in Tarrant County, Texas. His car spun out and caused the accident that killed Kandace Hull, 33, and her 13-year-old daughter Autumn Caudle. Kandace's husband Tony, daughter Dominique and son Jake were all injured but expected to recover.

Prior to this fatal crash, Barton had been charged with driving while intoxicated three times in Texas in the past 13 years. He was given a three-year sentence and served 10 months before being released on parole in 2009.

Barton is being charged with two counts of murder. Due to his previous offenses, Barton is also being charged with felony-level driving while intoxicated. The maximum sentence Barton could receive if convicted is life in prison.

Kandace Hull was described by her friend Linda Agee as "happy and outgoing...always dreaming and planning for a better future." The Hull children's principal Jeff Butts of Argyle High School remembers Kandace as being "extremely supportive" of her children. Butts also knew Autumn, who played on a basketball team with his own daughter. "She always seemed to have a smile on her face," he said.

What Constitutes a DWI?

All 50 states, Puerto Rico and the District of Columbia have made it illegal to drive with a blood alcohol content (BAC), of over .08 grams per deciliter (g/dL). Texas has the most alcohol-related vehicular fatalities in the country.

The Tragic Consequences

Families like the Hulls are left to pick up the pieces of shattered lives. Sending Barton back to prison allows for some visceral relief, but will not mend the harms to the family and the losses suffered. It will not replace the dollars spent on medical care and treatment, funerals, nor will it replace the support lost with the death of parents and spouses. The civil court system is the only place to remedy these losses.

The Effects of Driving While Intoxicated

In 2009, 38% of traffic fatalities were involving a person over the legal BAC limit. In 2008, 16% of children killed in traffic accidents were victims of drunk drivers.

In 2008, 34,017 people were killed in vehicular crashes nationwide. Of that total, 32% were killed by a driver over the legal alcohol limit. Of those over the legal limit, 57% had a BAC of .15 or higher, almost twice the legal limit.

If you have been injured in a collision with a drunk driver, or you have tragically lost a loved one, you need to seek the advice of a skilled personal injury attorney in your area in order to protect your rights and interests.