Driving While Intoxicated (DWI) and intoxication generally is an opinion crime — a police officer formed the opinion someone was intoxicated — and is generally the most difficult crime to defend. Most often the prosecution will rely on “tests” that have no scientific basis as “proof” of intoxication. If the investigation ever produces “scientific” evidence, it will be only after the DWI arrest — the opinion has already been formed, a DWI arrest made, and then there is some form of “scientific” evidence that justifies the police officer’s actions.
DWI also has some of the least constitutionally based laws to justify an arrest. There is no mental state requirement to commit DWI — unlike other crimes that require a defined mental intention, the prosecution does not have to prove anyone intended to commit DWI. From the state’s standpoint, you either are or are not DWI. DWI is the least discriminatory criminal allegation — there is no criminal stereotype that fits DWI, every person who legally consumes alcohol may find themselves under DWI arrest, regardless of gender, age, ethnicity, or economic status.
DWI is very likely the only crime that arises from a legal action — every person over the age of 21 may legally consume alcohol. However, if that person crosses some imaginary line and tips the scale from legal consumption to intoxication and then drives their vehicle on the road may find themselves arrested for DWI. And most often, the discovery and arrest of DWI is usually from some other action (traffic violation) where there was no indication of DWI in the first place.
In the final “stack the deck and keep things really unclear” against those accused of DWI, the definition of DWI is equally murky. Texas penal code defines “intoxication” as: 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 2 or more of those substances, or any other substance into the body, or b) having a blood-alcohol concentration of 0.08 or more. So if that doctor prescribed medication made you less than normal and then you drive, you could be investigated and arrested for DWI.
In addition to the DWI arrest and charge, there is the possibility of a DL suspension and exorbitant surcharges to maintain your driving privileges.
A person arrested and charged with DWI should seek an experienced DWI defense lawyer to assist them following a DWI arrest. The risk of a misdemeanor DWI criminal conviction based on opinion and faulty science, a suspended drivers license, thousands of dollars in surcharges, and increased costs for insurance justifies hiring an experienced DWI criminal defense attorney.
If I may be of assistance, I encourage you call my office at (972) 234-8208 or email me at jwtidelljr@tidwell-law.net to discuss your case.
