If you have recently been arrested for DWI in the state of Texas, you are likely curious about whether or not your case meets the definition of intoxication. Intoxication under the Texas law means that you do not have the normal use of your physical faculties by reason of introduction to a controlled substance, dangerous drug, a drug or alcohol or any combination of those substances, or not having the normal use of your mental faculties because of the introduction of any of those substances. Furthermore, the definition of intoxication in Texas could be referring to a person who has an alcohol concentration of 0.08 or more.
Typically, the prosecutor in a Texas DUI case only needs to prove one of those three ways in order to obtain a conviction in your case. If the jury believes that the person has lost their mental faculties, for example, they could be convicted of DUI. Texas law refers to alcohol concentration based on the number of grams of alcohol per:
- 67 ml of urine
- 100 ml of blood
- 210 liters of breath
Unless you are an experienced toxicologist and have your own calculator, you will be unlikely to determine your own alcohol concentration in your body. The amount of alcohol in each of those above-listed definitions is not necessarily equal. This means that one test could confirm your innocence, whereas another could hint at your guilt with a reading of 0.08 or more. The general guideline of having one beer, one glass of wine or one shot of whiskey for an hour could help you, but a knowledgeable Texas DUI lawyer will likely be necessary if you need to defend yourself in such a case.
From your perspective, it might seem like the officer overreacted, especially when it comes to making that first determination about whether or not you are under the influence. If you can show in court that the offer acted in ways that he or she shouldn’t have given the situation, this information can be used in your defense strategy.