Intoxication Defined by a Qualified DWI Attorney in El Paso

When you are charged with a DWI in El Paso you need to have a skilled   DWI attorney El Paso  that can fight for your rights.  They should have intimate knowledge of inebriation levels and exactly how they relate with DWI law.


1. What Exactly Is DWI?

Driving While Intoxicated is really a criminal offense that says an individual may not operate a motor vehicle in a public place while ”intoxicated”.  The DWI statute doesn’t say ”driving while drunk.”


2. What does ”Intoxicated” imply?

An individual need not be drunk to be ”intoxicated” but a person who’s drunk has to be intoxicated.


”Intoxicated” is defined by the   El Paso DWI  statute in two ways. First, a person is ”intoxicated” whenever, through the usage of an alcoholic beverage, drug, controlled substance, or any combination thereof, she or he has lost the ”normal” use of possibly ”mental” or ”physical” faculties. Second, a driver is ”intoxicated” whenever the driver has an alcohol concentration of.08 or more in her or his body.


3. Whose ”normal mental and physical faculties” are we judged by, and ”what is normal?”  What exactly does this suggest?


The ”normal mental and physical faculties” the statute describes are those of the particular individual who had been charged. The word doesn’t make reference to the normal faculties of the arresting officer, jurors in a DWI criminal trial, or a fictitious typical person. Indeed, the term ”normal” actually refers to a range of measurement of the ability of the person arrested. For instance, ”normal” wouldn’t be a particular point on a 12” ruler. Instead, it is better described as the distance in between two particular points on the ruler, e.g. between the 3” and 9” marks.


4. Precisely what is .08 alcohol concentration?


Alcohol level is determined by statute as:

a. the number of grams of alcohol per 100 milliliters of blood;

b. the number of grams of alcohol per 210 liters of breath; or,

c. the number of grams of alcohol per 67 milliliters of urine.


If perhaps you were drinking, it’s next to impossible to determine if you’ve a concentration of .08 or more.  In addition quantities of alcohol in the levels defined previously aren’t equal and may result in a person being innocent in one level but guilty in another.  Under the statutory definition of intoxication, it is also feasible for a person to be innocent of being intoxicated because there’s no loss of his/her normal mental or physical faculties, but still is considered guilty of being intoxicated per a .08 concentration.


The law offers that it is a crime of DWI when an individual operates a vehicle, and at that time has an alcohol concentration of .08 or more in his/her body.  It’s not a criminal offense per se to possess a .08 alcohol concentration  in your body before or following one has driven.  It depends upon the time the test was taken to ensure that this kind of alcohol concentration may be applicable to deciding if the person had a .08 or more alcohol concentration once they had been driving the vehicle.


The timing of the test involved might present an obstacle for both the prosecution and the defense team defending the person charged with driving whilst intoxicated.   A .08 alcohol concentration test is almost never carried out at the time or instantly right after driving.  It’s not uncommon for that alcohol concentration test to be carried out 45 minutes to one hour and 15 minutes following driving.   In this situation the late testing will trigger skepticism, as it is next to impossible to determine if the person was over the legal alcohol concentration limitation at the time of driving.


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