In Texas DWI case, the issue that is most contested is whether or not the driver was intoxicated. Texas law provides three different definitions of intoxication that the government can use to try to prove that the driver was intoxicated.

The first definition of intoxication in Texas is having an alcohol concentration of 0.08 or more. The second definition of intoxication is not having the normal use of physical faculties by reason of introduction of alcohol or certain drugs into the body. The third definition of intoxication is not having the normal use of mental faculties by reason of introduction or alcohol or certain drugs into the body.

The government can try to prove that a driver had an alcohol concentration of 0.08 or more by the results of a blood test. When an officer arrests a driver for DWI in Texas, the officer may ask the driver to voluntarily provide a sample of his blood. Or the officer may try to get a search warrant to forcefully take a sample of the driver’s blood. If a blood sample is drawn, the blood is supposed to be sent to a lab for analysis.

Law enforcement can show a driver had an alcohol concentration of 0.08 or more by the results of a breath test. When a driver is arrested for DWI, the officer usually requests that the driver provide a sample of their breath by blowing into a breath test machine.

The State can try to prove that a driver was intoxicated by attempting to show that the driver did not have normal use of his physical faculties by the reason of introduction of alcohol or other substances into his body. The State usually tries to show this by the results of Standardized Field Sobriety Tests and by the way the driver walks and moves.

The government can try to prove that a driver was intoxicated by showing that the driver did not have normal use of his physical faculties by reason of introduction of alcohol or drugs into his body. Officers usually try to show loss of normal use of physical faculties by the results of standardized field sobriety tests and by the way the driver walks, moves, and stands.

Brett Parker is an Austin DWI Attorney, based in Austin, Texas. If you have been accused of DWI in the Austin area, contact an Austin DWI Lawyer today.