Understanding the Legal Definition of DWI in Texas
In Texas, a person can be charged with a DWI if they are found operating a motor vehicle in a public place while intoxicated. Intoxication is legally defined as having a blood alcohol concentration (BAC) of 0.08% or higher, or not having the normal use of mental or physical faculties due to the consumption of alcohol, drugs, or a combination of both. It is important to note that even if your BAC is below 0.08%, you can still be charged with a DWI if law enforcement officers determine that you are impaired and unable to drive safely.The Arrest Process and Chemical Testing
When a law enforcement officer suspects that a driver is intoxicated, they will typically conduct a traffic stop. During the stop, the officer may observe your behavior, conduct field sobriety tests, and request that you submit to a breathalyzer or blood test to measure your BAC. Refusing to take a chemical test can result in automatic license suspension under Texas’ implied consent law. If the officer has probable cause to believe you are intoxicated, you will be arrested and taken into custody.Booking and Initial Court Appearance
After being arrested for a DWI, you will be taken to a local jail or detention facility for booking. During the booking process, your personal information will be recorded, and you will be fingerprinted and photographed. You may be held in jail until you can post bail or until your initial court appearance, also known as an arraignment. At the arraignment, you will be formally charged with a DWI, and you will have the opportunity to enter a plea of guilty, not guilty, or no contest.
PROTECTING YOUR RIGHTS AND FUTURE
Criminal Defense Attorney
Douglas Wilder
Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .

