It is important to know how Texas Law defines "Intoxication"
Driving While Intoxicated statute. Understanding what it means to be "Intoxicated" under
Texas Law will help you work more effectively with your
criminal defense attorney to evaluate your case, set reasonable goals, and develop a plan
to resolve the driving while intoxicated case against you.
Texas Law provides two (2) definitions of "Intoxicated" for
purposes of Driving While Intoxicated cases: A person is "Intoxicated" if,
1. The person has an alcohol concentration of 0.08 or higher, OR
2. The person has lost the normal use of their physical OR mental faculties
due to consuming 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
Common Misconceptions Related To Driving While Intoxicated:
1. You must consume alcohol to be charged and convicted of driving while
intoxicated. FALSE. Ingestion of ANY SUBSTANCE that causes a person to
lose the normal use of their physical or mental faculties qualifies that
person as intoxicated under Texas Law.
2. You must consume a drug to be charged and convicted of driving while
3. You cannot be convicted of DWI due to drowsiness caused by taking over-the-counter
4. You cannot be convicted of
DWI due to drowsiness (or other side effects) caused by prescription drugs. FALSE.
5. You cannot be convicted of DWI in Texas if your alcohol concentration
is less than 0.08. FALSE.
During his 23 year career as a criminal attorney,
Tom D'Amore has handled literally hundreds of DWI cases in Dallas and surrounding
communities. Tom's experience, expertise, and tenacity explains why
so many people have trusted Tom to handle DWI cases. If you have been
charged with DWI,
contact the D'Amore Law Firm to schedule an appointment for a
free consultation with Tom D'Amore.