The Proof Of A Drunk Driving Charge Under DWI Laws

Thursday, 17 May 2007

Drunk driving laws or DWI laws have been made to prevent people from driving a motor vehicle under the influence of alcohol or any other intoxicated drug or substance. When a person drives while intoxicated, he is under a danger to hurt himself, passengers or other people walking or driving on the road. Every year thousands of innocent people die due to drunk driving cases.

As an educated and fully aware citizen, it becomes to your important duty to understand the laws and how to save yourself when you have been convicted for an offense. A person can be arrested under Texas DWI laws, under the following conditions:

a) The blood alcohol level is more than a legal stipulated amount (BAC 0.08 or more).
b) If the driver is proved to be under the influence of alcohol or illegal drugs.

Usually, a DWI lawyer prefers the first method to prove intoxication. Here the proof is not dependent on the results of a blood on anyone’s observation or judgment of someone’s behavior. The proof of intoxication entirely depends on the results of a blood alcohol test.

The law generally demands a blood or breath sample of the suspected driver in order to conduct a chemical test. The sample is analyzed by a machine called a Breathalyzer or Intoxilyzer. This determines the concentration of alcohol in a person’s blood.

The maximum blood alcohol level usually varies from one state to another some states calculate 0.10 percent as the maximum blood alcohol level. These days, most states have lowered this level to 0.08 percent. Hence, according to the Texas DWI Laws, any driver or operator containing a blood alcohol level over the legal limit is considered to be under the influence of illegal drugs or alcohol.

The results of the test are conclusive. However, one can challenge the test by proving that the test failed for a particular reason. The reason can be any one of the following:

a) Faulty test equipment
b) Malfunctioning of test equipment
c) Improper sampling
d) Faulty preservation of the sample
e) The presence of a foreign object in the mouth during the test.

Driving while intoxicated can also be proved by certain facts and circumstances revolving the incident for which the suspected was stopped or arrested. These circumstances include the following:
a) Observations of the driver by eye witnesses.
b) Circumstantial evidence
c) Statements made by the driver or operator.

Usually, the inquiry under the DWI laws emphasizes on whether the suspected driver’s ability to drive was influenced by alcohol or drug. There are several standard tests enforced for the impairment and these tests are known are “Field Sobriety Tests”. Usually these tests prove the impairment of the driver and thus become a solid proof for the driver to land up into a jail or pay up a huge fine for driving while intoxicated.

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