Texas Driving While Intoxicated law requires that you be “intoxicated” in order to be convicted of these charges.
The Texas Penal Code itself defines the official meaning of “intoxicated” as follows:
(a) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(b) having an alcohol concentration of 0.08 or more.
In terms of alcohol consumption and DWI charges, if the state can show that your Blood Alcohol Content level was 0.08 or higher, this is considered to be sufficient to determine that you are legally intoxicated. If there is no evidence to show that your blood alcohol level was 0.08 or higher, the first part of the law is invoked to determine your responsibility for intoxication. A BAC of 0.08 or higher or blood evidence of drugged driving is not necessary to arrest, prosecute or convict a person for DWI in Texas.
Because there is no clear medical or scientific evidence in such a case, most of the evidence considered would be highly subjective. The types of evidence of intoxication considered in such cases include video of the movement of your vehicle, attempting to show erratic actions or weaving; police testimony about your smell or appearance; video of you following arrest; or the use of Field Sobriety Tests like walking in a straight line or doing other actions as directed by police.
If you are facing DWI charges in Texas, you need a DWI defense attorney to help protect your rights, work for the best outcome or even have the case dismissed. If you want to help get the most favorable outcome possible for your case, a skilled lawyer is critical for your defense. If you’ve been arrested for DWI, call an attorney as soon as possible to get to work on your case.