Legal Definition of DWI in Texas
Driving While Intoxicated (DWI); Texas Penal Code § 49.04
(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b) An offense is a class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a class B misdemeanor with a minimum term of confinement of 6 days.
Legal Definition of Intoxication
(a) “Intoxicated” is defined as not having the normal use of mental or physical faculties by the reason of introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, any other substance into the body; OR
(b) Having an alcohol concentration of 0.08 or higher.
What are Mental Faculties?
Mental faculties pertain to one’s ability to think and quickly process information. For DWI purposes, loss of mental faculties means that a person is too intoxicated to think. For example, driving a car requires a person to perform many tasks such as:
- Paying attention to other drivers
- Recognizing traffic signals
- Recognizing road signs
- Obeying traffic signals
- Obeying road signs
- Being aware of pedestrians
- Watching the vehicle’s speed
- Recognizing other hazards
- Watching the rearview mirror
- Watching the side mirrors
The theory behind Driving While Intoxicated laws is that a sober person can do these things, but an intoxicated person cannot. If intoxicated, a person cannot process information in a timely manner, making them a liability on the road.
What Are Physical Faculties?
Physical faculties pertain to a person’s physical balance and coordination. For DWI situations, loss of normal physical faculties means a person’s bodily control has been compromised due to drinking alcohol, and the person can no longer safely operate a motor vehicle. For example, while driving a person must:
- Maintain control of the vehicle
- Operate turn signals
- Operate the gas pedal
- Control acceleration and deceleration
- Operate the brake system
- Operate the radio
- Operate the temperature inside the vehicle
- All this is done while watching for other road hazards
The theory behind DWI laws is that a person without the normal use of their physical faculties cannot do these things safely, making them a danger to other motorists.
What are “Normal” Mental and Physical Faculties?
Texas law does not give a definition of “normal.” Therefore, it is a completely subjective determination. It is virtually impossible to determine what is normal for each individual because everyone is different. What is normal for one person may be abnormal for another. For example, individuals learn and process information in different ways and at different speeds. Everyone’s mental faculties work in their own unique way. Professional athletes, dancers, or gymnasts are much more coordinated than other people. Physical faculties vary greatly from person to person.
When a police officer encounters a DWI suspect, they do not inquire what is normal for the particular individual they have stopped. Yet police arrest people every day based on their own opinion of what is normal for the alleged suspect. This leaves a lot of room for error and bad judgment on the part of DWI police officers and causes concern when a person’s permanent criminal record is at stake.
If arrested for Driving While Intoxicated (DWI), it is imperative that you have the help of a knowledgeable DWI attorney that can help prevent you from being a victim of an unjust criminal conviction.
What is an Alcohol Concentration of 0.08?
An alcohol concentration of 0.08 refers to breath tests and blood tests. If a breath or blood test yields results of 0.08 or higher, the results are in violation of the law. Even if a person has the normal use of their mental or physical faculties, the individual is still in violation of Texas DWI law.
It should be noted that this measurement refers to an individual’s alcohol level at the time of driving. A breath or blood test will be given anywhere from 30 minutes to 3 hours after an individual is stopped for DWI. The results will not accurately depict the individual’s alcohol content at the time of driving, as alcohol levels can rise and fall over time. For example, a person who is arrested for DWI may give a breath test two hours after being stopped for DWI. The results may show that the person has a BAC of 0.10, an amount that is over the legal limit. The problem arises in that when they were actually driving, their BAC may have been 0.07. This means the person is not guilty of DWI. The instrument used to take a breath sample and the methods used to take blood samples are not capable of rendering results reflective of the time of driving. The tests can only give results based on the time they are taken. This can lead to individuals being wrongfully charged and convicted of DWI. It is imperative that a person has the legal assistance of a skilled DWI attorney that can help prevent this situation.
Contact us today to speak with a knowledgeable attorney.
