Intoxication Defined by an Expert DWI Attorney in El Paso

When you are arrested for a DWI in El Paso you need to have a competent DWI attorney El Paso that may fight for your rights. They should have intimate knowledge of intoxication ranges and how they relate to DWI law.

1.	What Exactly Is DWI? Driving While Intoxicated is a criminal offense which says a person might not run a motorized vehicle in a public location when intoxicated. The DWI statute does not say driving while drunk.

2.	Exactly what does Intoxicated mean? A person does not need to be drunk to be intoxicated however a person who is drunk has to be intoxicated.

Intoxicated is determined by the DWI statute in two ways. First, a driver is intoxicated whenever, via the use of an alcoholic drink, drug, controlled substance, or even any combination thereof, she or he has lost the normal use of either mental or physical faculties. Second, a driver is intoxicated when the driver has an alcohol concentration of.08 or more in his or her body.

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

The normal mental and physical faculties the statute refers to are those of the particular person who had been charged. The term does not refer to the normal faculties of the arresting officer, jurors in a DWI criminal trial, or perhaps a fictitious typical individual. Certainly, the term normal actually means a range of measurement of the ability of the person arrested. For instance, normal would not be a specific point on a 12'' ruler. Rather, it is better explained 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 quantity of grams of alcohol per 67 milliliters of urine.

If you are drinking, it is next to impossible to determine if you have a concentration of .08 or more. Moreover quantities of alcohol in the concentrations defined above aren't equal and may result in an individual being innocent in one level but guilty in another. Under the statutory meaning of intoxication, it's also possible for a person to be innocent of being intoxicated because there's no loss of his/her regular mental or physical faculties, but still is considered guilty of being drunk 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 crime per se to have a .08 alcohol concentration in the body prior to or after one has driven. It depends upon the time the exam was taken to make sure that such an alcohol concentration may be relevant to deciding if the person had a .08 or more alcohol concentration once they were driving the car.

The timing of the test involved might present a challenge for each the prosecution and also the defense team representing the person charged with driving while intoxicated. A .08 alcohol concentration test is seldom carried out at the time or instantly right after driving. It is not uncommon for that alcohol concentration test to be carried out 45 minutes to one hour and 15 minutes after driving. In this situation the delayed testing will cause uncertainty, as it's next to impossible to determine if the individual was over the legal alcohol concentration limit at the time of driving.