DWI-DRIVING WHILE INTOXICATED

Driving While Intoxicated is either number one or number two on the most charged offense list. It is also the only charge which does not require The State of Texas to prove a mental state to convict an accused of a DWI charge.

The government would have you believe that DWI is a safety issue, but if that were really the case, they would just make drinking and driving illegal and not create the facade of legal alcohol consumption. Make no mistake, DWI is big business in Texas. Several people make a lot of money throughout the DWI process. This includes cops receiving "overtime" pay, interlock providers and the State of Texas' special DWI fees.

So, what is the definition of DWI?

A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. “Intoxicated” means 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.

Each word in the DWI charge has a distinctive meaning and it does not always appear to use the everyday definition when charging someone with a DWI offense.

And, as you can see from the definition of DWI, the first two ways to be labelled intoxicated is the loss of a person’s normal mental or physical faculties. This is a subjective opinion determination. The third way to be considered intoxicated is having an alcohol breath/blood concentration of over 0.08. This number, be it by a breath test or blood test, does not considers a person’s actual tolerance for an alcohol beverage or other prohibited substance. Everyone, male, or female, big or small, old, or young are treated the same when it concerns possible intoxication.

But here is the good news, all of the questionable issues of a DWI charge can be successfully argued by a skilled attorney. DWI offenses are the most contested charge and the cases which most often end with a NOT GUILTY finding by a jury.

Another positive aspect of a DWI charge is the plea offer you receive from the State of Texas is very similar to the punishment you will receive even if you are found guilty of a DWI offense.

While many “DWI Attorneys” like to boast about their success rate at trial do not be fooled. Often these attorneys will try to talk their clients out of trying a "close" DWI case because they do not want to hurt their public win/loss record. If a person has the time and money to have a DWI trial, in almost all circumstances, the case should be tried. You need to hire an attorney who is not afraid to take on the difficult cases.