The crime of driving while intoxicated differs from the traditional driving under the influence violation, and the distinction is important when it comes to mounting a proper defense. If you are facing either of these crimes, a reputable Fort Worth DWI defense lawyer can help you prepare for your trial or negotiate an acceptable plea bargain allowing you to continue on with your life. If you depend on your driver’s license for your job, working with an experienced Texas DUI lawyer is a vital component to maintaining your livelihood and avoiding unnecessary termination or suspension.
Texas Maintains a Zero-tolerance Policy for Underage Drinking and Driving
The distinguishing factor between the crime of DUI and DWI is age. Texas has a zero-tolerance policy for minors choosing to get behind the wheel after consuming any amount of alcohol, so a positive Breathalyzer or blood test for any driver under the age of 21 will automatically result in a charge of DUI, regardless of the amount.
On the other hand, DWI is a more fact-driving analysis and takes into account the driver’s mental and physical capacities in addition to his or her blood alcohol content. Drivers aged 21 and over who appear to be under the influence of alcohol or drugs may face a DWI charge if any of the three factors are met:
- A reliable blood-alcohol test reveals presence of alcohol levels at 0.08 percent or greater;
- The suspect appears to have lost control of his or her mental faculties due to the use of alcohol or drugs; or
- The suspect appears to have lost control of his or her physical capabilities due to the use of alcohol or drugs.
Making a determination on the latter two factors requires observation and field sobriety testing by law enforcement and is not always a black-and-white issue. Due to the subjective nature of a DWI charge, you are highly encouraged to contact a Fort Worth DWI defense lawyer right away if you are facing a recent arrest for DWI.
Contact Attorney Bryan Hoeller Today
For a Fort Worth DWI defense attorney you can trust, call attorney Bryan Hoeller today. To make an appointment to discuss your DWI defense, please call 877-208-3382.