Texas is similar to other states in enacting criminal laws designed to deal with people who operate motor
vehicles while they are intoxicated. Although prosecutors can prove a person was driving while
intoxicated using testimony of the arresting officer’s observations of the motorist, evidence of
the person’s blood alcohol concentration (BAC) makes it easier for a prosecutor to
prove beyond a reasonable doubt that the person was legally intoxicated.
According to the Penal Code, a BAC of 0.08 percent is the legal limit for intoxication in Texas. The usual procedure is for the arresting officer to ask the motorist to submit to chemical blood testing through a breath test or by giving a blood or urine sample.
Motorists in Texas are deemed to have consented to have their blood or breath tested when asked by a police officer. This implied consent rule of the Transportation Code imposes a mandatory license suspension upon any motorist who refuses to submit to testing. The suspension is 180 days for a first refusal and two years for a person with two or more refusals.
If you have been arrested and charged with a DWI, the law office of Rand Mintzer, Attorney at Law can assist you.
Protecting your rights, developing an aggressive defense strategy and challenging DWI blood test results should start as soon after your arrest as possible, so schedule a free consultation with Rand Mintzer today at 713-862-8880.