Reader’s Question:

If I have any physical disabilities, can this cause false results for an Austin Texas DWI?

Daphne

Austin, TX

It is vital to note that the Austin Texas law provides for intoxication by the introduction of any intoxicating substance into the body. This is intended to make our roadways secure from perilous drivers. Typically, proof at trial is limited to alcohol except for some declarations or other signs that will suggest that the driver has become impaired by some other substance. It is significant to note that being on treatment drugs is not a defense to a DWI criminal prosecution. If the label recommends that intake will damage ones ability to maneuver a motor vehicle or machinery, taking such medicine and driving may subject you to DWI detention and conviction. At trial, the State therefore may show intoxication in three dissimilar ways. One, a person does not have the normal use of physical faculties. Second, the person does not have the normal use of mental faculty and third, the person has an alcohol concentration of 0.08 or more.

The panel of adjudicators in Austin Texas does not have to be unanimous on the method and means of intoxication, simply that the person was drunk and intoxicated. It is also important to note that intoxication must take place and be established to transpire while driving.