DWI mean “Driving while Intoxicated.” In Texas, a person is guilty of DWI if he or she operates a motor vehicle while having a blood alcohol level (BAC) of .08 or higher or by not having the normal use of his mental or physical faculties by reason of introduction of drugs or alcohol.

“BAC” is an acronym for ‘Blood Alcohol Concentration.’ It refers to the proportion of alcohol in your blood, or the number of grams of alcohol per 1000 grams of blood. For example, if you had eight grams of alcohol per 1000 grams of blood, then your BAC would be .08.

The best and easiest way to avoid a DWI charge is, of course, to simply not drink and drive! If you have been drinking, even moderately, or if you or your companions feel that you do not have normal use of your mental or physical faculties because you have been drinking, do not get behind the wheel -- take a taxi or designate a driver, walk but do not drink and drive.

(For anyone under 21, it is illegal to drive with any detectable amount of alcohol.)

What if my blood alcohol concentration is below the legal limit?

Even if your BAC is below the legal limit of .08, you may still be arrested and charged with DWI if you are driving and if your normal faculties are impaired. In Texas, this means the loss of normal use of either mental or physical faculties by reason of the introduction of either alcohol, drugs, or some combination thereof. So the state does not always have to prove that a person is above the legal BAC limit in order to convict them.

Do the police have to see me in the act of driving in order to charge me?

No. Even if you are not driving at the moment the police encounter you behind the wheel, you can still be found guilty of DWI if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. That is, even if you are simply sitting in your car with the keys in the ignition, you might be arrested for being in actual physical control of the car.

Am I required to submit to a breath, blood, or urine test?

No. And one should never take a breath test if he has drunk alcohol prior to driving. The Texas “intoxilyzer” machine often yields inaccurate results. In Texas, refusal to submit to a test upon the request of a police officer is admissible in court against you as evidence of your consciousness of guilt. Although you might lose your license, it is always best to refuse the breath test if you have drunk any alcohol at all in the few hours before you are requested to do so. The officer who stopped you will seize your license if you are arrested for DWI with an unlawful BAC or after you refuse to submit to a chemical or physical test. You may request a review of the driver`s license suspension by the department of motor vehicles. This is called an administrative license revocation hearing (ALR). It is always better to have an experienced DWI attorney represent you at an ALR hearing.

What are the consequences of a DWI conviction?

Even where you have no good defense, a good attorney may be able to “soften the blow” by mitigating your punishment. In Texas, the punishment range is up to 180 days in jail and up to a $2,000 dollar fine for a DWI first offense. Most second offenses within ten years result in a mandatory jail term, and a third offense in Texas usually results in a felony. Furthermore, your insurance company may cancel its coverage of you, or assign you to a high-risk category, resulting in a substantial increase in your premiums.

Punishment for DWI varies depending on the number of convictions.

First Offense:

• up to a $2,000 fine
• 72 hours to 180 days in jail
• driver’s license suspension: 90 days to 1 year

Second Offense:

• up to a $4,000 fine
• 30 days to 1 year in jail
• driver’s license suspension: 180 days to 2 years

Third Offense:

• up to a $10,000 fine
• 2 to 10 years in penitentiary
• driver’s license suspension: 180 days to 2 years

If you have been drinking and are stopped on suspicion of DWI in Texas, the Herrington Law Office recommends the following: be cooperative, but do not make any statement to law enforcement officers whatsoever, and take no sobriety tests whatsoever, either on the side of the road or at the police station. Call an experienced attorney as soon as possible.