If you have been arrested for driving while intoxicated, then you need to hire an experienced criminal defense lawyer who can provide the best legal defense for a drunk driving offense.
To be convicted of DWI, after having been arrested for driving while intoxicated, the state must prove that you were operating a motor vehicle in a public place. Also, that at the time of operation you had an alcohol concentration of .08 or more; or that you did not possess the normal use of your mental or physical faculties because of alcohol or drugs.
(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. (d) If is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
In this chapter: (1)“Alcohol concentration” means the number of grams of alcohol per: (A) 210 liters of breath; (B) 100 milliliters of blood; or (C) 67 milliliters of urine. (2)“Intoxicated” means: (A) 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 (B) having an alcohol concentration of .08 or more.