How much do you know about driving while intoxicated (DWI) in Texas? If you’re a like most Texas drivers, you know it’s against the law to drive with a blood alcohol concentration (BAC) at or above .08%, but your knowledge may be limited to that.
Here, we’re going to discuss surprising facts about DWI that most people don’t know, save for law enforcement, magistrates and DWI defense attorneys. If you are facing DWI charges in Plano, Dallas or Fort Worth, we urge you to contact our firm for a hard-hitting defense.
Fact #1: You can get a DWI for driving under the influence of prescription medication. Under Section 49.04 of the Texas Penal Code, it’s against the law to drive while intoxicated in a public place. “Intoxicated” refers to being under the influence of alcohol, illegal drugs, and even
prescription medications.
Fact #2: You can get a DWI with a low BAC. Like in other states, it’s illegal to drive while under the influence of alcohol or drugs, regardless of BAC. So, it is possible to get a DWI with a BAC below the .08% legal limit. The state merely has to prove that your ability to “drive safely” was impaired by the introduction of alcohol or drugs, including lawfully prescribed prescription medications.
Fact #3: There’s no penalty for refusing the field sobriety tests. Unlike refusing a chemical test (blood, breath or urine), there is no penalty for refusing to take the field sobriety tests. Our advice is to politely refuse to take the field sobriety tests, which are conducted roadside during a DWI stop.
Fact #4: A DWI can be a misdemeanor or a felony. While most DWIs are misdemeanors, they can be prosecuted as felonies as well. In Texas, a third DWI is a felony, but a DWI involving serious bodily injuries or death is a felony, even if it’s a first offense.
Fact #5: A DWI will bar you from travelling to Canada. If you are convicted of DWI, even misdemeanor DWI, you will be barred from entering Canada for 10 years.
Fact #6: A DWI may trigger removal proceedings. A misdemeanor DWI does not usually trigger removal proceedings, but it is possible. A Green Card holder can be deported after a drug-related DWI or a felony DWI. Also, if the Green Card holder has numerous misdemeanor convictions or a prior conviction for marijuana possession, a DWI can be the final straw and an immigration judge can commence removal proceedings.
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