We have all heard the Drink, Drive, Go to Jail campaign on TV and Radio,
and seen it all over the billboards located across
Denton County and the DFW Metroplex
. It is a catchy little slogan that seems to drive home the law enforcement
mantra that drinking and driving is illegal in Texas and if you do it,
we(the police) are going to put you in JAIL!
The problem with all the government agencies coming out and promoting this
three-point campaign slogan is that it is not the law in Texas! The law
in Texas is that if you are over the age of 21, you can LEGALLY drink
alcohol and drive all over town, as long as you are not intoxicated.
Contact a Denton County DWI Lawyer today.
What is intoxication? According to
Chapter 49.01 of the Texas Penal Code it is defined as:
(A) not having the normal use of mental or physical faculties by reason
of the introduction of alcohol, a controlled substance, a drug, a dangerous
drug, a combination of two or more of those substances, or any other substance
into the body; or
(B) having an alcohol concentration of 0.08 or more.
So, as long as a person does not meet either A or B as described above,
they are not breaking the law by drinking and driving. The unfortunate
consequence of this slogan is that the general public is starting to believe
that the law is that drinking any amount of alcohol and driving is the
law. Who could blame them? I mean the slogan is promoted by the Texas
Department of Public Safety, the Denton Police Department, the Denton
County Sheriff's Department, and many other police departments around
our area and across the state.
These members of the general public are the same people who show up for
jury duty with this pro-police and prosecution idea already planted in
their heads from this multi-million dollar government propaganda campaign. In every
DWI case I try to a jury, I spend up to 10 minutes of my precious voir dire
time ensuring that potential jurors understand that drink, drive go to
jail is NOT the law, and that just because my client admitted to the police
officer that he had 4 or 5 beers over several hours after work, he is
not automatically guilty of
Driving While Intoxicated.
If you have been charged with DWI and admitted to drinking alcohol when
you were stopped, you case is not lost just because of this admission.
Be sure you hire an
experienced DWI Lawyer that knows how to present your defense and win your DWI case.
Here at the
Law Offices of Tim Powers, located next to the Denton County Courthouse in Denton, Texas we offer
a full range of
criminal defense and legal services including
drug crime defense,
theft crime defense,
violent and assault crime defense,
white collar defense, expungement, and non-disclosure, etc. We are conveniently located next
to the Denton County courthouse. Call our offices today and we can set
an appointment with an attorney: 940.580.2899 or
If you are seeking aggressive criminal representation by an experienced
criminal defense attorney for your Denton County DWI case or arrest in
Denton County, contact the offices of Tim Powers today. There is no charge
or obligation for the initial consultation. 940.580.2899.
*Tim Powers is an attorney licensed to practice law by the Supreme Court
of Texas. Nothing in this article is intended to be legal advice. For
legal advice about any specific legal question you should directly consult