Driving while intoxicated (DWI) means drunk driving in Texas. The State of Texas uses a percentage blood alcohol concentration (BAC) to determine whether you are too drunk to drive.
Chapter 49.01(2)(a) of the Texas Penal Code defines intoxication as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of .08 or more.”
Whether you are deemed to be intoxicated can depend on your age or the vehicle you are driving.
The BAC limits in Texas are as follows:
Some drivers attempt to gauge their intoxication based on the number of drinks they have consumed. We have heard drivers say they believe they will be fine to drive after just one drink.
However, factors such as your body weight, whether you have eaten and even your gender can impact BAC.
No blood testing is in place in Texas to establish a level for drugged driving. However, it’s a crime to drive a vehicle while lacking mental or physical faculties due to a drug.
Whether a driver is impaired due to drugs is determined on a case-by-case basis and at the discretion of the prosecutor.
The subjective nature of this test raises questions about the officers who carry it out. In Texas, drug recognition experts go through extra training in the detection of drugs.
There are major questions concerning whether the officers who go through this training even properly execute the standard evaluation. Even if they meet the standard, questions linger about establishing proof that the defendant is under the influence of any type of drug, or controlled substance.
Not all alcohol-related crimes involving your vehicle relate to impaired driving.
It’s illegal, for example, to drive with an open container of alcohol in the passenger area of your vehicle on a public highway in Texas. You can be convicted of this offense even if you are parked.
Texas levies a fine of up to $500 for an open container violation. The offense is a Class C misdemeanor.
The offense is a Class B misdemeanor if it’s accompanied by a DWI offense.
If you are arrested for being intoxicated it’s vital to hire an experienced Texas DWI defense lawyer as soon as possible. Call us today for a free consultation.