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Can You Only Get Arrested For DWI If You’ve Been Drinking Alcohol?

The Webb Firm, P.C. - True or False

True or False Questions

Can You Only Get Arrested For DWI If You’ve Been Drinking Alcohol?

Answer: False


It is a common misconception that if an individual is charged with driving while intoxicated, it means that he or she was driving drunk or under the influence of alcohol. However, a driver may be charged with a DWI even if his or her blood alcohol concentration (BAC) level is below the legal limit. Under Texas law, one has committed a DWI if he or she is operating a motor vehicle, while intoxicated, in a public place.

Driving While Intoxicated can apply to both minors and adults. An individual can be arrested for DWI whether they have consumed alcohol or drugs, even if the drugs are prescription drugs. Whether you take a breath test or not, you can be charged with DWI. DWI can be proven in one of three ways: (1) having a Blood Alcohol Content (BAC) of 0.08 or more, (2) not having your normal mental faculties, or (3) not having your normal physical faculties; due to alcohol or drugs. So, if an individual is mentally impaired by the use of a prescription drug and is operating a motor vehicle in a public place, he or she is at risk for being charged with a DWI.

In Texas, DWI laws get tougher and tougher every year so it is important to consult with an experienced attorney. You should want to have the best attorneys representing you and protecting your rights. The Webb Firm, P.C are skilled criminal defense attorneys in Conroe and can help you. Please call us at: 936-647-3352 or feel free to ask us a question using the form at the bottom of the page.

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