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 What constitutes driving while intoxicated ?

Driving While Intoxicated (DWI) means operating a motor vehicle after consuming alcohol or drugs that have impaired a person's mental or motor skills. In Texas, a person will be considered "impaired" if they exhibit objective signs of intoxication, or if they have a blood alcohol content of .08 or higher.

When may a police officer stop a driver for DWI?

Police may stop a driver for any violation of the Texas Transportation Code, or any traffic infraction under the municipal code. They often stop ALLEDGED intoxicated drivers for straddling lane markers, weaving between lanes, driving at excessive or very slow speeds, braking erratically and coming in close contact with objects or other vehicles. An officer may also have reason to suspect a driver is intoxicated if they observe a driver at the scene of an accident.

How do police determine whether a driver is intoxicated?

Police use three methods to determine whether a driver is under the influence of alcohol or drugs. First, police may observe the driver for objective signs of intoxication. Objective signs of intoxication include a distinct odor of alcohol coming from the driver, red, watery eyes, and slurred speech. Second, police will assess a driver's ability to perform field sobriety tests. Field sobriety tests are supposed scientifically designed to test a driver's balance and motor skills. Police may ask a driver to perform tasks such as walking heel-to-toe in a straight line, standing on one leg and/or conduct the HORIZONTAL GAZE NYSTAGMUS test, eyes wiggle sometimes if intoxication is a fact. If a driver fails one or more of these tasks, the officer may request that the driver take a chemical test to measure the driver's blood alcohol content (BAC). A driver's BAC is tested by breath, blood, or urine and is measured by the percentage of alcohol in the blood by weight.