DWI Legal Limit for Intoxication
For you to be guilty of DWI under Texas Law, the State must prove that you were "Intoxicated" at the time you were operating a motor vehicle. The State can prove you were "Intoxicated" in one of three ways:
- You did not have the normal use of your mental faculties; Or
- You did not have the normal use of your physical faculties; Or
- You had a BAC over the legal limit of 0.08.
The jury does not have to be unanimous on the manner and means of intoxication, only that the person was intoxicated. It is also important to note that intoxication must occur and be proven to occur while driving. If you did not give a breath or blood sample, then the State's "opinion" that you were intoxicated must be good enough to prove you were intoxicated beyond all reasonable doubt.
If you or a loved one has been arrested or charged with a DWI or DUI within Collin County, Texas and the surrounding cities of McKinney, Allen, Frisco, Richardson, Dallas, Denton, Wylie, Addison, Prosper, Celina and The Colony, Texas and you need the help of an experienced drunk driving defense lawyer, call The Law Offices of Biederman & Burleson, P.L.L.C. today at (866) 439-2182 to schedule a free, no-obligation consultation with an experienced Plano, Texas DWI defense trial attorney.