Frequently Asked Questions

What is the the definition of a DWI?

DWI is a criminal offense prohibiting a person from operating a motor vehicle in a public place while “intoxicated”.

What is the legal definition of “intoxication”?

In the State of Texas, intoxication is defined as having a blood alcohol concentration (BAC) of .08 or more, or not having the normal use of physical or mental faculties by reason of:

  • The introduction of alcohol
  • A controlled substance
  • A drug
  • A dangerous drug
  • Any other substances into the body

The State only needs to prove one of these methods beyond a reasonable doubt in order to obtain a conviction.

What does ‘normal’ mean?

According to the law the definition of the word “normal” is the average person. The problem for the State is how to determine the “average person?” The law is vague in this subject which allows for a good argument to a jury that everyone is different and each person has their own “normal.” What might be normal performance for a 22-year-old former high school athlete could be very different than for 45-year-old defendant who is 40 lbs overweight.

What is 0.08 alcohol concentration?

“Alcohol concentration” is defined by statute as:

  • The number of grams of alcohol per 100 millilitersof blood
  • The number of grams of alcohol per 210 liters of breath
  • The number of grams of alcohol per 67 milliliters of urine

For an average male, one drink should amount to a BAC of approximately 0.02. A drink is 1-¼ ounces of liquor, one 12 oz. beer, or one 6 oz. glass of wine. The body eliminates about 0.02 BAC per hour, therefore to reach a 0.08 an average male must consume approximately four drinks in one hour.

You have 15 Days To Protect Your Drivers License

If you have been arrested for DWI in Tarrant, Dallas or Collin County, you need an attorney that will fight your DWI representation and help you keep your driver’s license. As a former prosecutor, (county) DWI attorney Dewayne Huston is uniquely qualified.  You have 15 days from the date of your DWI arrest to file a request for an ALR hearing to determine the future of your drivers license status.

Fort Worth & Dallas DWI Attorney G. Dewayne Huston has handled hundreds of DWI cases and has true insight into how to best fight your DWI case. From discrediting the “Field Sobriety” balancing tests Police administer to fighting the Administrative License Revocation hearing and saving your drivers’ license, Dewayne Huston has the experience and knowledge you need to fight your case.


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