Ways to prove intoxication

Last night I went to dinner with relatives. I NEVER have a drink during dinner if I am driving home, but another member of our group did.

He limited himself to one because he said that if he was stopped and asked for a breath sample, then he wouldn't be guilty and there was nothing a police officer could do, right?

WRONG!

Don't assume that because you think you are under the legal limit that the police officer will agree with you. More and more I am seeing breath tests that are under the .08 per se standard, but the driver is still being arrested.

Why?

Because there are different ways to prove intoxication in Texas. Specifically, the police officer can prove it with a breath sample over .08 OR if the police officer has probable cause to believe a driver has lost the normal use of his mental OR physical faculties.

That's why I tell my clients that they must not perform any type of roadside skills exercises - the officer isn't trying to see "if you are OK to drive." That officer is looking for the slightest misstep or balance problem to claim that driver is intoxicated.

One misstep, one waive of your arm and you are now guilty of DWI. It's like a horror movie that is no longer a movie, but your life!.

Don't take the breath test!

Don't take any roadside skills exercises!

Don't fool yourself into thinking that if you "pass" the nice officer will let you go home. If the officer believes that you have had anything to drink you are going to jail anyway. Do not give the officer any evidence to help him win the case against you.

Because there are three ways to prove "intoxication" you need to know that the officer can and will use any of the three that they feel they can prove. And by prove, I mean that they can take to a judge or jury and say - "That person may or may not be intoxicated. I think they are, but I took the driver off the streets to make certain that your families were safe. So now I throw it over to you, the jury, and let you decide."

Guess what a jury thinks when the officer comes in with their shiny new badge and dress uniform on? Do you think they are willing to tell that officer, "You shouldn't have arrested that driver."

Don't take the breath test or participate in any roadside coordination skill exercises. Their are too many ways for the State to prove guilt and it has nothing to do with actually being guilty!