DWI FAQ's
If, after reviewing the FAQs, you would like to contact The Law Offices of Richard McConathy to learn more about how he can assist you with a criminal or legal matter you are facing, do not hesitate to call or email.
1. What must the State prove to have you convicted for DWI?
Prove your identity, were operating a motor vehicle, were in a public place (street, highway, beach, parking lot, etc.), in a particular Texas county, driving or operating a motor vehicle while intoxicated.
2. What does "intoxicated" mean?
A person need not be drunk to be "intoxicated." "Intoxicated" is defined by the DWI statute in two ways. First, a person is "intoxicated" when, through the use of an alcoholic beverage, drug, controlled substance, or any combination thereof, has lost the "normal" use of either "mental" or "physical" faculties. Second, a person is "intoxicated" when he or she has an alcohol concentration of .08 or more in her body, in the state of Texas.
3. How is breath testing done?
Breath tests in Texas are done by a machine known as an Intoxilyzer 5000. Breathalyzers are not used. The Intoxilyzer machine is said to work on the principle of infrared spectrometry. According to its manufacturer and the Texas Department of Public Safety (DPS), which certifies and writes the rules for its use, the machine determines alcohol concentration by subtracting the amount of light absorbed from the person's breath sample and then comparing that amount to the amount of light originally introduced into the breath sample; the difference is the test result.
4. Is the Intoxilyzer reliable and accurate?
The potential reliability flaws debated are too numerous to cover them all here. When we consult with you on your particular case, we can get into this in more depth.
