Were You Really Intoxicated? Why You Might Not Have Been DWI

by | Dec 7, 2011 | Legal Advice

Recent Articles



All of us are familiar with the acronym DWI and we know that “Driving While Intoxicated” is not something that we want on our record.  Even a first time offense can result in fines of $2,000 and up to six months of jail time.  Repeat offenses have even more serious consequences of increased fines, jail time, and revocation of your driving privileges, not to mention the impact that these penalties have on your immediate family, as well as other friends and relatives.  In Austin, Texas, retaining the services of a DWI lawyer is a critical first step in weathering the storm of a DWI charge.

DWI is treated very seriously in the state of Texas.  However, are you aware of the legal definition for “intoxicated” in the state?  If asked, most of us are vaguely aware of blood alcohol levels and some of us might even be able to say that anything over .08 means that you’ve run afoul of the law.  But what you may not be aware of is that Texas law says that “intoxication” means either that you do not have “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 into the body; or, having an alcohol concentration of .08 or more.”

Field sobriety tests are meant to confirm that your “normal use” of your mental or physical faculties has been impaired.  However, such a determination can be highly subjective and can be affected by many variables.  Furthermore, although a breath-test gives a reading of an alcohol concentration, many experts have questioned the validity of such readings.

The police in Austin have a reputation for being tough on DWI offenders, which has resulted in DWI being the most common offense in Austin and the surrounding area.  A DWI offense is something that most people find repugnant until it is their spouse, their child, or even themselves who is charged.  Then it’s easier to understand how someone could be stopped for and charged with DWI when they weren’t even legally intoxicated.

Don’t let the “get tough on crime” mentality of some in Austin damage your reputation or your life with a DWI conviction that you don’t deserve.  If you’ve been charged with a DWI offense, contact a DWI lawyer today.  Your DWI lawyer understands how arbitrary the DWI law can be, and they can help to guide you through the intricacies of the Austin courts.  They will help to clear your good name and ensure that your rights are protected.

DWI Lawyer Austin Texas Looking for DWI lawyers willing to stand up in front of a jury and argue your case? Nichols & Gill, P.C. is an Austin, Texas based law firm dedicated to protecting the rights of people accused of crimes.

Related Articles