What is a DWI in Texas?

Texas law makes it illegal to operate a motor vehicle in a public place while intoxicated. Intoxication is not just limited to alcohol, however. Under Texas Penal Code 49.01, there are two different definitions of intoxicated. To be convicted of DWI, a prosecutor only needs to convince a jury you are guilty of one of the following:

  • You lacked the normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more substances, or any other substance in the body; or
  • You had a breath or blood alcohol concentration that exceeds the legal limit of .08 percent.

In other words, you can be convicted for driving while intoxicated from alcohol, drugs, or a combination of either. You can also be convicted of DWI with a BAC below the legal limit or without giving a breath sample at all. If the prosecutor can make the case that your BAC was at .08 or above, or that a substance that you consumed prevented you from driving safely, you may be convicted of DWI.

Clients, Friends & Associates…

We’ve been lucky enough to meet many wonderful clients, friends and associates over the years across the US and around the world. Here are a few…

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