How Much is Too Much?
Legal Limit In Texas:
San Antonio and South Texas Defense Lawyers – driving while intoxicated
The legal limit for intoxication in Texas is .08 blood alcohol concentration (BAC).
If you are stopped for DWI you will most likely be asked by a law enforcement officer to take a blood or breath test to measure the amount of alcohol in your blood stream. If you refuse to take the test, your driver’s license will likely be suspended for 180-days. But it will be very difficult to convict you of DWI with out the proof of your BAC. However, even if you refuse the test, prosecutors may try to convict you based on other evidence that can be used in court to convict a person of driving while intoxicated . Punishment for DWI varies depending on the number of times you are convicted.
Don’t Admit Guilt; Call a Lawyer Right Away
There are two ways an individual can be considered intoxicated and found guilty of a DWI charge in Texas . A person can be considered intoxicated if operating a vehicle on a public street while:
1. Not having 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
2. Having a blood alcohol concentration (BAC) of .08 or more. The .08 blood alcohol concentration definition applies only to cases where the person arrested has taken a breath, blood or urine test. The breath test is the most common test administered. If the person arrested did not take one of the tests then it is up to the prosecution to prove the person did not have the normal use of his/her mental or physical faculties from either drinking alcohol or doing drugs or a combination of both. The prosecution is limited to presenting evidence based on the ingesting of alcohol only, unless there is evidence or good reason to believe the person may have lost the normal use of his/her faculties from another type of drug.
When people get in trouble they often try to make up an excuse to get out of the charge. This is usually a mistake. Saying nothing at all is a much better option. For example, do not tell police that you have taken a prescription drug, mistakenly thinking this will help your case. It is important to remember that you can be found guilty of a DWI if the prescription is the type of drug that can impair your mental or physical faculties. The prosecution will attempt to prove intoxication by drugs having a chemist testify at trial about the effects the alleged drugs (or combined effect of alcohol and drugs) can have on a person. The point fewer things you tell police and prosecutors the better. Call an experienced San Antonio DWI lawyer instead. Tell you story to the attorney. Let you defense lawyer work out the best possible solution to your situation.
If you are arrested for driving while intoxicated in or around San Antonio, contact our office as soon as possible. We have a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. Call us today and make an appointment for a free consultation The Law Offices of Carabin & Shaw . Located in San Antonio we aggressively represent clients charged with driving while intoxicated . Contact our office today.