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Can a person get a DWI in Texas without drinking?

Many people believe that prosecutors cannot charge them with DWI if they were not drinking alcoholic beverages prior to driving a motor vehicle. Police officers can stop a vehicle if they believe that the driver is intoxicated. Under Texas Law, the term intoxication has two definitions. The most common definition of intoxication requires the prosecutors to show that the person had a Blood Alcohol Concentration of .08. However, prosecutors can also show that the driver did not have normal use of his/her mental or physical faculties.

Texas law does not require an intoxicated person to have consumed alcohol. Police officers can arrest a person for DWI if the officer has probable cause to believe that the person lacks the normal use of their mental or physical faculties. This could be because the driver consumed marijuana, heroin, cocaine, or other drugs. This could include some legal drugs that inhibit a person’s faculties.

Prosecutors do not have to prove why a person lacks their mental or physical faculties. Prosecutors usually show this through the testimony of police officers. The Intoxilyzer used by law enforcement in Texas does not detect THC (marijuana), cocaine, or opioids in a person’s blood. Prosecutors will rely on the police officers’ observations of the driver’s behavior during and after the DWI stop. During the DWI stop, officers look for signs of confusion, slurring, and blood shot eyes, among other signs of intoxication. When drivers exit the vehicle, officers are looking for issues with balance. Additionally, two of the Standardized Field Sobriety Tests gauge a driver’s balance.

The penalties for driving while intoxicated are the same regardless of the source of intoxication.Call my office at 817-231-0023 to schedule a free consultation if you or a loved one has been arrested for a DWI.

“Can a person get a DWI in Texas without drinking?” Brian J. Newman

Read more articles on my blog for information about my approach to Driving While Intoxicated offenses.  

Click here to view Section 49.04 of the Texas Penal Code.

 

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- Pete.

 

 

 

I was wrongfully accused of DWI, and I can only say that reaching out to the Law Office of Brian J. Newman for help was the best decision I ever made. My lawyer helped me navigate my legal troubles reliably and thoroughly. Thanks to his effort, I have a criminal-free record because he properly defended me. I recommend this law firm to anyone, anytime

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My son has his life back! He was charged with an offense he did not commit, but through the hard work and dedication of attorney Brian J. Newman, the jury found my son not guilty. I will forever be grateful to Mr. Newman. If accused of any crime, you will be best served and represented by the Law Office of Brian J. Newman

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