Drivers under the legal drinking age and, in some cases, drivers over 21 can still find themselves charged with driving while intoxicated (DWI). The blood alcohol content (BAC) limit is not the only factor that an officer looks at to determine whether or not a driver receives a DWI charge. An attorney with DWI knowledge and the associated penalties can help defend your rights and figure out the best course of action for your case.

What is Per se Intoxication?

When a driver has a BAC of 0.08 percent or higher, it is automatically presumed that the person is intoxicated. This is what is referred to as per se intoxication. Drivers with a BAC of less than 0.08 percent are not necessarily out of the woods yet, as the legal limit is not the only factor determining a DWI charge. However, a driver is no longer automatically presumed to be intoxicated. Instead, an officer will need to use other methods to determine whether or not the driver is or appears to be intoxicated.

What Other Factors Are Involved With a DWI Charge?

Texas has a zero-tolerance policy for intoxicated drivers under 21 years of age. No measure of alcohol content is considered acceptable when it comes to minors, behind the wheel, or otherwise. Presumption of intoxication is not the only reason for a DWI charge. The level of impairment can be measured through other criteria, such as:

Drug crimes are taken very seriously in Texas. Texas imposes various penalties for those charged with drug crimes, so a better understanding of what you may be facing can go a long way. A Texas criminal defense attorney with experience in drug crime cases can provide a strong defense for the charges being levied against you.

Federal Drug Rating Guidelines

The Federal Drug Enforcement Administration (DEA) has outlined a few drug-related rating guidelines to classify drugs by placing them in categories. The categories range from high-risk to low-risk for abuse and dependency and are referred to as Schedules. Schedules I and II are both considered high-risk and are likely to carry felony charges with steep penalties. Schedules III, IV, and V will typically carry lighter charges depending on volume and intent.

Types of drugs per Schedule include:

There are a few defenses available to someone who may be facing intent to distribute drug charges in Texas. These defenses include lack of intent, entrapment, and illegal search and seizure.

Drug charges in Texas are very serious. It is important to speak with an experienced criminal defense attorney when facing such charges. Ensure that you consult with an attorney who can help you understand the charges against you and come up with a suitable defense strategy.

What is Possession with Intent to Distribute?

Possession with intent to distribute is a charge under the Texas Controlled Substances Act, which prohibits the possession, manufacture, or distribution of controlled substances. To be convicted of possession with intent to distribute, the prosecutor must prove that you knowingly possessed a controlled substance with the intent to distribute it.

In alleged drug crimes, law enforcement often finds the evidence that they are relying on to make their case in the defendant’s car. Police do not have an unlimited right to search your car, however, especially when they do not have a search warrant. But there are some exceptions that allow them to search your car during a traffic stop. If you have been arrested for items found in your vehicle, a drug crimes defense attorney could possibly help you have evidence against you suppressed if it has been illegally seized.

Police Can Search Your Car with Probable Cause

Without a warrant, police must have probable cause to conduct a search of your person, residence, or possessions. Probable cause is defined as a reasonable person believing that a crime was in the process of being committed, had been committed, or was going to be committed. However, there is an exception to the requirement to obtain a search warrant when there are exigent circumstances. When you are driving a car, there is a high probability that police might think whatever evidence of a crime is there might disappear if they are not able to immediately search your car. So when police have probable cause, they can carry out a reasonable search of your car, which can even include your trunk. 

Probable Cause v. Reasonable Suspicion

Even if police do not initially have probable cause to carry out a full search of your vehicle, they may have cause for reasonable suspicion  based on a driver's behavior while driving or during the traffic stop. Reasonable suspicion is a lower standard than probable cause, but it can easily lead to a police officer seeing something that gives them probable cause which then allows them to search your vehicle. For example, if a police officer sees someone swerving out of a lane, he may pull over the driver on reasonable suspicion that the driver is drunk. However, this does not give the officer permission to search the car for drugs or alcohol; the officer must then speak with the driver, and if the driver smells like marijuana, the police may then have probable cause that justifies a search of the car's interior.