Texas DWI Penalties

Define Intoxicated Please

In Texas, driving while intoxicated is something that is taken very seriously. The word “intoxicated” has been specifically defined by the Texas legislature. According to the Texas laws, “intoxicated” could either mean “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 “having an alcohol concentration of 0.08 or more.” “Alcohol concentration” means “the number of grams of alcohol per 210 liters of breath, per 100 milliliters of blood, or per 67 milliliters of urine.” This could be determined by having the driver take the Blood Alcohol Concentration (BAC) Test. In Texas, refusing to take the test automatically means your driver’s license will be suspended for 180 days, so cooperation is very much advised. This particular part of Texas Penal Code is the very basic basis of the DWI law. The penalties will depend on the number of DWI convictions made.

Normally, in court, evidence is limited to alcohol. However, some statements from the arresting officer or other signs suggesting that the driver has become impaired by a substance other than that of alcohol could make the court check for the other possible substances that have been introduced into the driver’s system. We must bear in mind that being under the influence of prescribed medicine is NOT an excuse. The driver could even be convicted more easily and with a heavier penalty if the label indicates that taking the drug will damage his ability to drive a vehicle efficiently. Take note also, that the verdict is not based on the jury’s unanimity on how the driver was intoxicated; the only thing that matters is whether or not it is proven that the driver was intoxicated while he was driving.