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 DWI cases (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.