Drinking & Driving in Dallas

Under Texas law most crucial element of the offense of DWI is “while intoxicated”. The key to DWI defense is whether a defendant was “intoxicated” under the law. “Intoxication” includes the effect of alcohol, drugs, or a combination of both, whether or not these are prescribed to you. In Texas, the law provides for three different ways for a person to be considered intoxicated:

• 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 substance into the body;
• 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 substance into the body;
• Having an alcohol concentration of 0.08 or more.