In Texas, a person can be convicted of driving while intoxicated even if his or her blood alcohol content was lower than the legal limit of 0.08. Texas state law includes criteria for DWI focusing on whether a driver has lost normal physical or mental functioning. Theoretically, this means someone who is drowsy from lack of sleep or from taking anti-allergy medication could be described as intoxicated.
If the driver decides to contact a lawyer and hire legal representation, the case may proceed to court and be heard in front of a judge or jury. The prosecution will emphasize the importance of protecting the public safety by making sure people do not get behind the wheel if their driving ability is impaired in any way. The defense lawyer may emphasize the impossibility of law enforcement proving that the driver was, in fact, impaired. Nearly any driver might make a bad judgment call for one reason or another, and that does not mean there should be a conviction of DWI. For example, a driver who turns right at a red light but rolls through the intersection without completely stopping is not necessarily impaired.
The possibility of receiving a DWI conviction in this type of circumstance may seem outrageous to the person who took note of the empty intersection and slowly traveled through. A law firm such as Vinas & Graham will want to get the DWI charges dropped by the prosecution, and may be able to do so if there is no solid evidence of inadequate physical or mental functioning. The police officer might have made the arrest only because of his or her opinion of the situation.
The officer might have decided the driver was impaired if he or she did not answer questions promptly. However, this can easily be a sign of nervousness instead of sleepiness or slow response due to medication use. It may even be a sign of careful thinking, as the person does not want to get into trouble for running a red light. Lawyers who defend clients against DWI charges know how to provide skilled and aggressive representation in these matters.
