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.
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 DWI, drug crime defense, juvenile defense, probation violation, 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 Tim Powers.com.
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 an attorney.