In East Texas, which experiences around 1500 alcohol-involved traffic incidents every year, law enforcement is quick to come down hard on those who drive while intoxicated. With serious penalties on the table for those convicted, it’s best to understand the legal position. Find out more below from a DWI defense lawyer.
How Does Texas Law Define Intoxication in DWI Cases?
The Texas Penal Code provides a specific definition of intoxication that is used to determine whether a driver can be charged with and convicted of Driving While Intoxicated. It defines the term in two separate ways, which are both valid charges under the law.
1. You Have an Alcohol Concentration of 0.08% or More
You are legally presumed to be intoxicated if you have an alcohol concentration of 0.08% or above, even if you do not appear to be impaired. Alcohol concentration can be measured through breathalyzer devices, blood tests, or urine tests (usually only conducted if the first two tests cannot be administered). The reliability of these tests can be contested in court, particularly if there are concerns about how the sample was obtained, stored, or analyzed.
2. You Are Impaired Through Ingestion of a Substance
The definition of DWI in Texas is not limited to alcohol. Impairment caused by prescription drugs, illegal drugs, and any other intoxicating substances is included within the scope of the statute. You may be considered intoxicated if you do not have normal use of your mental or physical faculties due to ingestion or use of any substance, whether legal or illegal.
How Can an East Texas DWI Defense Lawyer Help?
A DWI conviction can have a serious disruptive effect on your life, but an experienced lawyer will do all that they can to prevent that from happening. Ryan R. Hill has over 25 years of aggressively pursuing positive outcomes for his clients through personalized, skilled defense strategies. You can rest assured that he will leave no stone unturned in the fight for justice.
