WHAT IS THE LEGAL DEFINITION OF INTOXICATION?

The legal definition of intoxication in Texas is:

• NOT HAVING THE NORMAL USE OF 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 SUBSTANCES INTO THE BODY; OR
• not having the normal use of mental 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 substances into the body; OR
• having an alcohol concentration of 0.08 or more.

One must understand that the Prosecutor only needs to prove one of the three ways in order to obtain a conviction. Therefore, if there is no Breath or Blood Test and the person has the normal use of their physical faculties, yet a jury believes that he or she lost the normal use of their mental faculties, they should find the person guilty. However, it has been our experience that people will lose both the normal use of their physical and mental faculties together. If the evidence shows they only lost one of them and not the other, there is a logical explanation for that, meaning, they are not intoxicated (Not Guilty).                                                                                                

WHAT SIGNS DO PEOPLE EXHIBIT WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL?

The following signs listed below are indicators that a person might be driving while intoxicated. This list is based upon research conducted by the National Highway Traffic and Safety Administration:

• Turning with wide radius straddling center of lane marker
• "Appearing to be drunk"
• Eye fixation
• Tightly gripping the steering wheel
• Slouching in the seat
• Gesturing erratically or obscenely
• Face close to the windshield
• Drinking in the car
• Driver's head protruding from the car
• Almost striking object or vehicle
• Weaving
• Driving on other than designated roadway
• Swerving
• Speed slower than 10 M.P.H. below limit
• Stopping in lane for no apparent reason
• Following too closely
• Drifting
• Tires on center or lane marker
• Braking erratically
• Driving into opposing or crossing traffic
• Slow response to traffic signals
• Signaling inconsistent with driving actions
• Stopping inappropriately (other than in traffic lane)
• Turning abruptly or illegally
• Accelerating or decelerating rapidly
• Headlights off at night

 

THE OFFICER NEVER READ ME MY MIRANDA RIGHTS, WHAT CAN WE DO ABOUT IT?

Your Miranda rights only apply when an officer tries to question you once you are under arrest or in custody (i.e., not free to leave). Once you become the focus of the investigation, the officer must read you your Miranda rights prior to asking you any incriminating questions or interrogating you. Texas Courts have ruled, however, that being asked to perform Field Sobriety Tests is non-testimonial. Therefore, your response to being asked to count backward or recite the alphabet is admissible. But remember, you are not required to do these tests.

If an officer does ask you questions when you should have been read your Miranda rights, the only consequence is that those questions and answers will be suppressed in court (which means that the jury will never hear them). However, if a person testifies differently than what he or she told the officer at the scene, such prior statements can then be admissible in court in an attempt to impeach that testimony. Therefore, an officer can violate your rights and potentially still be able to use those statements against you. This illustrates the need to hire a qualified DWI attorney. Remember, your freedom is on the line

 

AM I REQUIRED TO TAKE FIELD SOBRIETY TESTS?

No! The law does not require that you perform any type of test. You have the right to refuse Field Sobriety Tests. Interestingly enough, the officer is not required to tell you this. However, if you refuse to attempt these tests, the officer most likely is going to arrest you. Further, the National Highway Traffic Safety Administration has admitted not everyone can successfully perform these tests even when sober!

The reality is that the officer most likely has already made up his mind to arrest you and the request for field sobriety tests is simply made to get additional evidence against you. Remember, regardless of how well you actually perform the field sobriety tests, it is the officers' opinion on how you performed them that will be held against you.

 

HOW WILL A DWI CONVICTION AFFECT MY LICENSE AND INSURANCE?

If you are convicted, you can expect your insurance rates to increase 300-500% for 3-5 years. Your insurance company also may drop you from coverage, thus forcing you to find new insurance.

 

HOW LONG WILL A DWI ARREST STAY ON MY RECORD?

If you are convicted of the DWI, it will be on your record forever. If you are found Not Guilty, you can have the arrest and DWI charge "expunged" from your record, thus erasing it. No judge, prosecutor, police officer, friend or employer will ever be able to find any evidence of the expunged case.