You are not alone! In the DFW metroplex, the police make approximately 10,000 DWI arrests every year. However, the District Attorney's office does not come close to getting 10,000 DWI convictions annually. DWI cases are very serious, and specialized. At trial, the issue is generally the element of intoxication. In Texas, the definition of intoxication is "not having the normal use of either your mental or physical faculties, or you have a breath alcohol concentration of greater than .08 (Texas Penal Code Chapter 49.01)" .
Most people think that this is a good law. The real problem is that the police have a double standard and don’t follow the law. It is legal to consume alcohol and then operate a motor vehicle. It is illegal to consume alcohol or any intoxicant to the point of intoxication and then operate a motor vehicle. Thus if you have consumed alcohol, but are not intoxicated you should not be arrested for DWI. However, many police officers have a zero tolerance policy regarding individuals who have consumed alcohol and then operated a motor vehicle. Many people also naively belive that the police would not misrepresent the law. WRONG! Almost everyone has seen the bill board that states: “Drink, drive, go to jail.” That is an outright lie! The police shoud never take an individual to jail simply because that individual had consumed alcohol. The police should only arrest individuals that have consumed alcohol to the point of intoxication. Everyone else should be free to go and conduct their business. Sadly, this is not the case. Many people have been arrested and charged with a DWI simply because the consumed alcohol and operated a vehicle.
DWI cases are very complex and very serious. Do not go to court without consulting an experianced attorney. When I was an ADA with the Dallas County District Attorney's Office is prosecuted thousands of DWI case, and took over 100 cases to a jury trial. Since I left the DA's office I have defended hundreds of DWI cases. The police and the DA's office want people to believe that DWI cases cannot be won. That is false because I have won many, many DWI cases. If you have any questions please feel free to contact the law office of G. Thayer Williamson.