The problem with most people's understanding of DWI law in Texas is based upon a state wide campaign of misinformation. You have seen it I'm certain.
Drink. Drive. Go to Jail.
That is absolutely not the law in Texas for driving while intoxicated. Instead, the marketing campaign the state spent millions on should read:
Drink. Drive While Intoxicated. Go to Jail.
Contrary what many may think, it is absolutely ok to drink some alcohol and operate a motor vehicle, as long as you are not intoxicated. Period. Otherwise, restaurants should be banned from serving any alcohol at all if the law was so strict to prohibit any alcohol consumption if one decides to drive.
Intoxication, how much to too much?
Essentially, there are two primary indications of intoxication that the law recognizes under the law. First, if you have consumed enough alcohol that you have lost the use of your normal mental and physical faculties, then you are considered intoxicated and should not be operating a motor vehicle. This is a subjective standard as us humans tend to come in all shapes, sizes, and tolerances. The second indication of intoxication by law is if your blood alcohol concentration is at or above a .08 level which is often determined by a breath sample or a blood test obtained by law enforcement. This is a more scientific standard, but has it shortcomings as well.
If you have been arrested for DWI, the first thing you should do is contact an attorney that can file the appropriate paperwork to possibly save your license from being suspended. In most instances, you only have 15 days from the date of your arrest (if your license was suspended for refusing to voluntarily give a breath or blood sample) to request a hearing to challenge your drivers license suspension.
If you need assistance immediately, you can fill out our on-line form and we will be in touch with you, usually within an hour. Or you can call or text 903-999-1234.
