Best Foreclosure Lawyers in San Antonio, TX

Intoxication is defined in Texas as one who has lost the normal use of their mental faculties, physical faculties, and/or has a blood alcohol concentration (BAC) of .08 or more.

Not necessarily. The state has the burden to prove that you were intoxicated at the time of driving. The time you take the test could be significantly later than when you were driving. Your alcohol concentration rises and falls according to whether your body is in the absorption phase versus the elimination phase. Clearly stated, your blood alcohol concentration (BAC) might be below the legal limit when you are driving and above the limit at the time of the test. This is typical of people in the absorption phase. If you drink a few drinks right before you leave the bar, the alcohol will take a significant amount of time to absorb into your blood. Thus, when you get pulled over, your BAC will be significantly less than it was at the time of the test.

If you plea to or are found guilty of a DWI it will stay on your record for the rest of your life. Moreover, if you later pick up another DWI they can use any prior convictions to enhance the present one to a higher degree. For instance, if you were convicted of DWI in 1980 and again in 1993, your current DWI could be enhanced to a third degree felony.

Your attorney should first appeal your license suspension. This alone will take several months. The DWI prosecution varies in time depending on which court you are assigned. If you would like to plea the case it could be done within weeks. Requesting a jury trial could take up to six months to several years. Unfortunately, some courts are so backlogged from cases that you must patiently wait your turn, as the older cases get to be heard first.