DWI is a criminal offense prohibiting a person from operating a motor vehicle in a public place while “intoxicated.”
In Texas, intoxication is defined as having a blood alcohol concentration (BAC) of .08 or more, or not having the normal use of physical or mental faculties by reason of:
The State only needs to prove one of these methods beyond a reasonable doubt in order to obtain a conviction.
According to the law the definition of the word “normal” is the average person. The problem for the State is how to determine the “average person?” The law is vague in this subject which allows for a good argument to a jury that everyone is different and each person has their own “normal.” What might be normal performance for a 22-year-old former high school athlete could be very different than for 45-year-old defendant who is 40 lbs overweight.
“Alcohol concentration” is defined by statute as:
For an average male, one drink should amount to a BAC of approximately 0.02. A drink is 1-¼ ounces of liquor, one 12 oz. beer, or one 6 oz. glass of wine. The body eliminates about 0.02 BAC per hour, therefore to reach a 0.08 an average male must consume approximately four drinks in one hour.
Contact the Law Office of Brett Podolsky if you have more questions about a DWI: 713-227-0087
