Fort Worth DWI Arrests
Being arrested for a DWI can be a very stressful event. A DWI is defined as driving while intoxicated and is a serious offense under Texas law. This offense can be very confusing if you are dealing with it alone. Fort Worth DWI arrests can be difficult if the process is not made clear to the accused. A determined DWI lawyer could help build your case and pursue a positive outcome for you.
Fort Worth DWIs
Intoxication is defined under Texas law as not having the normal use of mental or physical faculties by reason of:
- Controlled substance
- 0.08 Alcohol concentration or higher
An individual with a 0.08 alcohol concentration by breath, blood, or urine could be deemed to be intoxicated. The test result could be used as evidence. Even without the test or even if the person is below the legal limit, the state may claim that they are intoxicated by not having the normal use of mental or physical faculties by alcohol, drugs, or a combination of those.
There are two ways to define intoxication. The government interprets intoxication by considering one’s mental faculties or physical faculties. There are three ways to define intoxication:
- A blood-alcohol concentration of 0.08
- Not having the normal use of mental faculties
- Not having the normal use of physical faculties
When a person becomes intoxicated, their mental faculties could be affected by their physical faculties. Since people are affected differently by alcohol, the government claims that a person could be intoxicated before the legal limit, so long as their faculties are impaired. In Fort Worth DWI arrests, an officer may do a thorough check to determine the level of intoxication of the defendant.
Difference Between A DWI and DUI
In Texas, driving under the influence (DUI) only applies to those under 21. If someone is under 21, they cannot drink alcohol. If they have any detectable amount of alcohol in their system, even though they are not intoxicated, they are guilty of a Class C ticket-level offense of DUI, driving under influence.
An individual may be impaired or under the influence but not intoxicated. If they under 21, they can be charged with a DUI. If someone under the age of 21 becomes intoxicated, they can be charged with the greater offense of a Class B misdemeanor, driving while intoxicated (DWI).
Procedures During DWI Arrests
DWI laws are enforced heavily in Fort Worth. In Fort Worth DWI arrests, an officer could detain the defendant if they feel there is probable cause. If someone is pulled over for a traffic stop and the police officer thinks they had something to drink, there is a high probability they may be arrested for DWI. As soon as an officer suspects a driver had something to drink, they ask the individual if they were drinking.
Most people answer honestly and may admit that they had a drink when they should refuse to answer such questions. If a person says they were not drinking, the officer may think they are not being truthful. The officer should not be asking if someone was drinking alcohol unless they have reason to believe they were drinking such as a smell of alcohol on the person or in their vehicle.
When the officer believes the person had something to drink from their own perception or from the person admitting having something to drink, the officer may ask them to step out of the car and perform field sobriety tests. Most people do not perform well on these tests even when they are not intoxicated because the tests are difficult and are given under stressful circumstances. Police officers may not administer the tests properly following the standardized criteria, so it is hard to pass.
Contacting a Fort Worth DWI Attorney
As many of the field sobriety tests are not accurately administered, it is imperative that you get in contact with a talented DWI lawyer as soon as possible. A DWI attorney may know a good way to deal with the mishandling of Fort Worth DWI arrests.