Many states use the phrase “driving under the influence” to describe many charges involving drunk driving and use “driving while intoxicated” to describe other drunk driving charges. Frequently, driving under the influence is a misdemeanor charge and driving while intoxicated is a felony, or at least a more serious charge. In Texas, all charges for drunk driving fall under “driving while intoxicated.” The charge applies whether you have been drinking alcohol, taking illegal drugs, or are impaired by prescription medications that you are taking legally. And you might be surprised by what it takes to be “intoxicated” in Texas.
Texas DWI Laws are Pretty Strict
Like most states, you are considered to be intoxicated per se in Texas if your blood alcohol content is .08% or higher, meaning “I was not drunk” is not a defense anymore at that blood alcohol content. That part of Texas DWI laws comes as no surprise – that is pretty much the standard nationwide, although the BAC percentages for per se intoxication might differ from state to state. Unlike many states, however, the lower bar for what is considered “intoxicated” under the law is pretty low in Texas. While Texas does not have a “zero tolerance” standard for the BAC required to be convicted of DWI, but it is pretty close. Texas considers you to be intoxicated for purposes of a DWI charge if you “lack the normal use of mental or physical faculties.” Medical research makes it clear that any alcohol in your system at all interferes with the “normal use” of your mental and physical abilities. For instance, your vision is affected with a BAC as low as .02% – well below the legal limit for per se intoxication. Other impacts on physical and mental faculties occur at similar BAC levels. Once that happens, you can be found guilty of DWI in Texas. Police have a number of ways to put forth proof of such impairment in DWI cases aside from BAC breath or blood tests, including physical tests or even simply observations by the police officer.
What Can a DWI Cost You in Texas?
DWI convictions in Texas carry penalties that start out pretty harsh and get worse. A first-offense DWI conviction carries a fine of up to $2,000 in addition to at least three days and up to 180 days in jail. You also can lose your driver’s license for up to a year. For a second offense, that goes up to a month to a year in jail, loss of driver’s license for up to two years, and as much as a $4,000 fine. State fines also apply.
If You are Charged With DWI in Houston Area, Talk to Madrid Law Firm
You might contend you were not drunk when the police stopped you, but Texas law does not require that you be sloppy drunk to be convicted of DWI. Far from it. If you have been charged with DWI in the Houston area, no matter how little alcohol you had consumed – or any other drug or substance that affects your mental or physical faculties – you need to talk to an experienced DWI attorney. Talk to the Madrid Law Firm.
