What Qualifies Being Intoxicated?
When you’re arrested for DWI, Driving While Intoxicated, the state of Texas alleges that you were intoxicated while operating a motor vehicle in a public place. The key is how one defines “intoxicated.”
In Texas, it’s in two ways:
1. You have a blood alcohol content of 0.08 or higher, or
2. You are judged as having lost the normal use of your mental or physical faculties.
In either case, you’re viewed as being dangerous behind the wheel.
It’s important to understand that even if you are below the legal limit of 0.08, if an officer believes you have lost the normal use of your mental or physical faculties, the state of Texas deems you to be intoxicated regardless.
To prove that you meet one or both of these two definitions, they’ll attempt chemical tests, field sobriety tests, and by noting anything else that you allegedly did “wrong” at the time you were pulled over or and any time after that.
To protect yourself against this, it’s imperative that you pick up the phone and call a lawyer as soon as you’re arrested. The sooner you talk to a lawyer who specializes in DWI defense, the sooner they can begin building a case based on the things you did right, as well as any of the reasons you may have made mistakes, reasons that have absolutely nothing to do with intoxication.
Yes, there are reasons why people fail field sobriety tests that have absolutely nothing to do with being intoxicated. You’re nervous. It’s dark. It’s cold. You’re on the side of the road. You’re scared because you’ve been pulled over and you realize they’re looking to prove you’re legally drunk.
Maybe you have medical conditions, balance issues caused by an inner ear infection or even medication you’ve been prescribed, or you have bad knees or a bad back.