What is DWI?

What is DWI?

Driving while Intoxicated (DWI), as defined by the Texas Legislature, is the criminal offense of driving a motor vehicle in a public place while intoxicated.

Will I have to go to jail?

If this is your first DWI charge or we able to convince the State to dismiss your case or get a not guilty judgment after a trial by judge or jury, you will not go to jail. Even if you are convicted, you can usually get probation, unless you choose to serve jail time instead of attempting to comply with the terms of a lengthy DWI probation. But your chances of jail time increase, if you have prior DWI convictions.

How is intoxication verified?

A police officer verifies intoxication with the use of a breathalyzer, urine test, blood test, and a field sobriety test.

What constitutes intoxication?

The Texas Legislature defines intoxication in two ways:

not having the normal use of your mental or physical faculties by reason of the introduction of alcohol or drugs (legal or illegal) into your body; or having an alcohol concentration of 0.08 or more.

The prosecutor must prove only one of these definitions to obtain a guilty ruling in a DWI trial.

What do BAC and 0.08 mean?

BAC stands for Blood Alcohol Concentration, and it is the percentage of alcohol present in 100 milligrams of blood, 210 liters of breath, or 67 milliliters of urine. You are considered legally intoxicated if your alcohol concentration equals 0.08 or more.

How is 0.08 determined?

A breathalyzer, urine test, or blood test determines alcohol concentration.

How many drinks can I have before my BAC is 0.06?

The number of drinks and BAC depends on numerous factors, such as your:

gender age weight height

Can I refuse a breathalyzer, urine test, or blood test? If so, should I?

Yes, you can refuse to submit to a breathalyzer, urine test, or blood test. However, by refusing these tests you violate the implied consent law, which states that by driving a motor vehicle on a Texas roadway you already consented to chemical testing. Therefore, your driver's license may be suspended and charges may be assessed against you. Also, your refusal can be used as evidence against you at trial.

Can a police officer force me to take a breathalyzer, urine test, or blood test?

A police officer can only force you to take a breathalyzer, urine test, or blood test if the four following requirements are met:

there is a DWI arrest and an accident; the officer has a reasonable belief that any individual has died or will die as a result of the accident; an individual, other than the person arrested, has suffered serious bodily injury; and the individual arrested for DWI refused to give a specimen voluntarily

Can I refuse a field sobriety test? If so, should I?

Yes, you can and should always refuse to take a field sobriety test. Field sobriety tests are proven inaccurate at determining if alcohol concentration exceeds 0.08, even under ideal laboratory conditions. There are no penalties for declining these tests, but the officer may still arrest for DWI if he believes he has probable cause. Moreover, the police officer may consider your refusal as an admission of guilt.