DWI, or Driving While Intoxicated can be found in the Texas Penal Code, Chapter 49. Whether you had a few drinks at happy hour on 6th Street, or coming from a friend’s house, a DWI can have a devastating effect on your life, as well as your spouse, children, and even a complete others if the DWI results in an unfortunate accident. It doesn't take drinking all night to get a DWI -- Driving While Intoxicated can occur when your blood alcohol level reaches a .08%.
While the DWI laws in Texas make it illegal for a person to drive after consuming alcohol that leaves that individual with a blood alcohol level greater than .08% (Meaning at the time of driving, the alcohol ingested in your body has reached a level of .08%), police officers are arresting people with less than a .08% BAC, and prosecutors are charging them as well. District Attorney's have recently charged DWI with a blood alcohol level as low as .04%.
DWI cases implement a great deal of science and technology by attempting to pinpoint your blood alcohol level (BAC) at the time of driving. Often times there are several interpretations of the scientific evidence collected at the scene of arrest. One of the keys to a DWI case is familiarity with the scientific data obtained during the investigation, such as breathalyzer readouts and tests, physiological aspects of alcohol in the body, and elimination of mechanical errors, such as mouth alcohol (when miniscule traces of pure alcohol remain in small pockets of your mouth and are blown directly into the breath tester, causing a falsely elevated reading of BAC). False readings and mouth alcohol are just a few things to look for in any DWI case.
In addition, the Texas Department of Motor Vehicles is involved in suspending your license through an administrative hearing, generally 10 days after arrest. The arresting officer typically will hand you a temporary license. It is important to contact an attorney quickly in order to argue at the DMV hearing to save your driver's license.