Driving While Intoxicated (DWI)
When a person is arrested in Texas for the offense of Driving While Intoxicated (DWI), the prosecution must prove the following elements beyond a reasonable doubt:
1. The Defendant
2. On or about the offense date
3. Drove or operated a motor vehicle
4. In a public place
5. While intoxicated
What is Intoxication?
In Texas, “intoxication” is defined as having an alcohol concentration of .08 or more, or not having the normal use of one’s mental or physical faculties, because of:
1. alcohol
2. a controlled substance
3. a drug
4. a dangerous drug
5. a combination of two or more of the above substances
6. or any other substance
What if I Was Taking Prescription Medication?
Having a prescription or taking over-the-counter medication is not a defense to DWI in Texas. Both legal and illegal drugs are considered substances that can lead to intoxication.
What if I Did Not Know that I Was Intoxicated?
In Texas, the prosecution is not required to prove any knowledge of intoxication to obtain a conviction for DWI. Much like a speeding ticket, the prosecution must only prove that the offense happened, not whether the defendant meant to drive while intoxicated.
What Does ‘Public Place’ mean?
A ‘public place’ can be any location where the public has access. This includes public roads, parking lots, parks, and even the driveway in front of the defendant’s home.
If I Am Arrested for DWI, Do I Have to Submit a Breath or Blood Sample?
In Texas, you are allowed to refuse to submit a breath or blood sample when you are arrested for DWI. If you refuse, the police officer has the option of seeking a search warrant to obtain a blood sample from you, but that option is generally available only during holiday weekends. You may have heard the media advertise these as ‘no refusal’ weekends.
Should I Refuse to Submit a Breath or Blood Sample?
This is a decision that each person must make for themselves. Even if you are certain that you are not intoxicated, the testing equipment may give a false reading. Additionally, if your test results are over the legal limit, you are giving the prosecution evidence to use against you at trial.
If you refuse to submit a sample of breath or blood, the State can suspend your driver’s license. If you submit a sample and the result is over the legal limit, your license will still be suspended.
Something else to consider is that whenever the news reports on judges, prosecutors, or police officers who have been arrested for DWI, the vast majority refuse to submit breath or blood samples.
What Can I Do if My License Is Suspended?
First, you can contest the suspension, in what is called an ALR (Administrative License Revocation) hearing. The Administrative Judge (a State employee) usually upholds the suspension, but if the officer made obvious errors, or fails to appear for the hearing, the suspension may be overturned.
Even if the suspension is upheld, you may be entitled to an Occupational Driver’s License (ODL), so that you can drive to work, school, or fulfill other essential household needs.
Bottom Line – don’t drink and drive. If you do, or you are accused of doing so, you should have an attorney to protect your rights and provide sound legal advice. I urge you to contact us, or another attorney who you can trust, to help you navigate the legal system and obtain the best outcome for your situation.
Contact us today for a case evaluation at 888-845-4119, or complete our contact web form
* The information provided herein is given for general information only. The information presented should not be construed as formal legal advice or the formation of a lawyer/client relationship.
