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The Texas Penal Coder defines what “Intoxicated” means:
(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 two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.
The 0.08 is the per se limit of Intoxication. This means that the state proving that you were 0.08 or higher is enough to satisfy the element of the DWI charge. Part (A) is a catchall that makes the case significantly harder for the prosecution, especially if you hire an experienced DWI attorney.
The prosecution may attempt to prove that you were intoxicated by:
- Introducing video of the cars movement prior to the officer pulling over the vehicle,
- The officer’s testimony of how the driver smelled, any statements made, and observations of appearance,
- Standardized Field Sobriety Tests, and
- Video of the driver in the patrol car and jail after arrest.
Proven Defense by a Former Law Enforcement Officer
Many people who are charged with an Austin DWI just assume there is no way to fight it. They think the best they can hope for is a smaller fine or a reduction in the amount of time they lose their license. We focus on defending anyone accused of a DWI. With the right legal counsel, there are other outcomes. Depending on the facts of the case, what if…
- Instead of months of suspension, you don’t lose your license at all?
- Instead of making a deal for probation, you never get convicted?
- Instead of having a DWI conviction, your record stays clean?
- Instead of cutting bad deals, you get a vigorous DWI defense?
While every case depends on the facts and circumstances at play, mounting an aggressive defense to DWI charges may be your best option. The Austin Criminal Defense attorneys at Stephen T Bowling, P.C., handle all drunk driving cases, defending clients in both the criminal proceedings and driver’s license hearings.
Don’t trust just anyone with your DWI defense. Contact the law firm of Stephen T Bowling, PC, by e-mail or call us at 512-599-9000 to schedule your free consultation with an Austin DWI lawyer to discover some strategies we pursue in defending Austin Driving While Intoxicated cases.
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