How Texas Defines “Intoxication”
Posted By Criminal Defense Review on Jul 28, 2010 10:07am PDT
It is important to know how Texas Law defines "Intoxication" in it's Driving While Intoxicated statute. Understanding what it means to be "Intoxicated" under Texas Law will help you work more effectively with your criminal defense attorney to evaluate your case, set reasonable goals, and develop a plan to resolve the driving while intoxicated case against you.
Texas Law provides two (2) definitions of "Intoxicated" for purposes of Driving While Intoxicated cases: A person is "Intoxicated" if,
1. The person has an alcohol concentration of 0.08 or higher, OR
2. The person has lost the normal use of their physical OR mental faculties due to consuming 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
Common Misconceptions Related To Driving While Intoxicated:
1. You must consume alcohol to be charged and convicted of driving while intoxicated. FALSE. Ingestion of ANY SUBSTANCE that causes a person to lose the normal use of their physical or mental faculties qualifies that person as intoxicated under Texas Law.
2. You must consume a drug to be charged and convicted of driving while intoxicated. FALSE.
3. You cannot be convicted of DWI due to drowsiness caused by taking over-the-counter drugs. FALSE.
4. You cannot be convicted of DWI due to drowsiness (or other side effects) caused by prescription drugs. FALSE.
5. You cannot be convicted of DWI in Texas if your alcohol concentration is less than 0.08. FALSE.
During his 23 year career as a criminal attorney, Tom D'Amore has handled literally hundreds of DWI cases in Dallas and surrounding communities. Tom's experience, expertise, and tenacity explains why so many people have trusted Tom to handle DWI cases. If you have been charged with DWI, contact the D'Amore Law Firm to schedule an appointment for a free consultation with Tom D'Amore.