As a first offense, DWI is a Class B Misdemeanor. A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. The State must prove the defendant's guilt beyond a reasonable doubt. A prosecutor must prove that the defendant was:
1) Operating a motor vehicle
2) In a public place (street, highway, lot, etc.)
3) In a particular county - while intoxicated
Intoxication is defined by the Texas Legislature as:
1) 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 in the body; or
2) Having an alcohol concentration of 0.08 or more. The law allows for intoxication by way of any intoxicating substance. It is no defense that the intoxicating substance was a prescribed drug; if any substance, legal or illegal, deprives a driver of the normal use of mental or physical faculties, the case may be prosecuted.
What can a knowledgeable attorney do immediately after I've been arrested for a DWI?
First, an attorney can help a person get out of jail by arranging for or posting bond. An attorney's presence alone can help keep the police from asking you questions that are designed to incriminate you. A lawyer can help a person arrange a second blood test from a doctor or health clinic within 2 hours of the arrest. Most importantly, an attorney can offer advice as to what questions to answer and how to answer them and what steps to take if you are arrested.