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As in all criminal cases, a person charged with Driving While Intoxicated (DWI) is presumed innocent. The State has the burden to prove the defendant guilty beyond a reasonable doubt.  The person charged must be acquitted if the State fails to meet its burden. An effective defense will protect the defendant’s presumption of innocence and prevent the State from meeting its burden.

Driving while intoxicated (DWI) is a crime in Texas. DWI is punishable by a range of sentencing possibilities. The penalties depend upon whether the crime is charged as a misdemeanor or felony. The nature of the charges will depend upon the severity of the incident, whether there were previous convictions for DWI, or whether there were additional aggravating factors that allow the judge to “enhance” the offender’s sentence after a conviction.

In the United States, drinking and driving laws vary by each state. Local laws determined by state legislation, but are all compliant with federal law that says a person should not being driving a motor vehicle with a .08 Blood Alcohol Content (BAC) or above.