Driving while intoxicated (DWI) is a criminal charge people across the country face. This criminal offense carries severe, potentially life-altering consequences. The State of Texas has some of the harshest penalties for people convicted of DWI.


Texas DWI Laws: Per se Intoxication

Under Texas DWI laws, an individual can be arrested for DWI when suspected of operating a motor vehicle while under the influence of alcohol (or drugs) to the point of intoxication. An arrest can be made if the detained individual is considered to be legally intoxicated if he or she does not have the normal use of mental and/or physical faculties due to the consumption of alcohol or other substance.  Law enforcement can also use breath or blood from the suspect to try to prove the person is intoxicated.


The results of an analysis of a breath or blood sample taken after someone is arrested for DWI that has a 0.08% blood alcohol concentration (BAC) or higher will be used by the government to argue that the driver was at the “per se” limit of intoxication.  The “per se” limit is the legal alcohol limit in Texas and across many other states in the United States.  Per se is defined as “by itself,” which means that the government can use just that evidence to prove intoxication.  There are many factors that can affect an individual’s level of BAC such as whether or not they have eaten, when, how often they drink, what they are drinking, their body’s absorption and elimination rates, their gender and their weight to name a few.  Below are some estimated BACs based on the number of drinks consumed and body weight.





Penalties for DWI in Texas

If prosecutors are able to convict an individual charged with DWI in Texas, there will be penalties. Offenders face possible punishments including fines, license revocation/suspension of driving privileges, installation of ignition interlock devices in their vehicles, etc. First-time offenders do not generally get sentenced to mandatory jail time for a Texas DWI, though it is a possibility for anyone convicted of DWI in the Lone Star State. The specific penalties and the extent of punishment for a Texas DWI crime depend upon the level of crime, the defendant’s criminal history, and other factors involved in the case. 



Driving while under the influence of alcohol or drugs in Texas is a serious offense and can result in serious legal ramifications as well as other lifetime consequences. Having a lawyer with success dealing with such cases is important when it comes to fighting Texas and DWI charges because it can be complicated.  Defending against the charges requires a depth of knowledge that only an experienced legal professional can offer.

If you have been arrested and charged with a DWI in Texas, you need to protect your rights with the help of an experienced Texas DWI criminal defense attorney.  It is vital to have an attorney who is going to fight defending you. Attorney Collin Evans has years of experience handling DWI cases, is trained to administer the Standardized Field Sobriety Tests law enforcement uses to investigate, and will be able to help you understand how the law applies to your situation. Mr. Evans will fight for your rights and for you in your case.  If you find yourself in need of a reputable attorney’s services to defend against DWI charges, contact Attorney Collin Evans at any time online, or by calling 713-225-0650 to discuss the details of your case during a free consultation.