Kyle Law Firm
Get A Free Consultation 830-620-9402 Call 24 Hours A Day

What Does the State Need in a DWI Case?

There are certain criteria that have to be met in court to prove beyond a reasonable doubt that you are guilty of driving while intoxicated. The burden of proof lies upon the state, but it is important to note juries in Texas also tend to be conservative regarding DWIcases (i.e. lean towards the state).

Under the Texas penal code, intoxication means either you have a BAC of .08 percent or greater, or you did not have the normal use of mental or physical faculties due to alcohol or any other controlled substance.

Intoxication can be proven by blood, breath, or urine samples. If you had refused any test, intoxication could still be proven through testimony of witnesses and officers speaking against your control over mental and physical faculties. So even if your BAC was below .08 percent at the time, if the state can demonstrate a loss of either faculty, you can still be found to have been intoxicated.

To be convicted of a DWI, it would have to be proven that you reached such a level of intoxication while firstly, operating a motor vehicle; secondly, in a public place.

The Kyle Law Firm has extensive experience in fighting DWI charges, from challenging the procedure used to find your BAC and questioning probable cause used to pull you over to finding inconsistency in your BAC readings. Contact us today for a free consultation.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Our Firm Now

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Kyle Law Firm

New Braunfels Office
707 N. Walnut Ave.
New Braunfels, TX 78130

Phone: 830-620-9402
New Braunfels Law Office Map

San Marcos Office
136 East San Antonio Street
San Marcos, TX 78666

Phone: 830-620-9402
Map & Directions