Every state in the U.S. applies two statutory offenses to driving under the influence.
In a drunk driving case, the driver is first charged with driving under the influence (DUI), driving while intoxicated/impaired (DWI), or operating while intoxicated/imparired (OWI). This first offense is based upon a police officer’s observations, such as the results of a roadside sobriety test and driving behavior.
The driver is also charged with a second offense called “illegal per se.” This second charge stems from driving with a Blood Alcohol Concentration of 0.08 percent or higher. It has been illegal in all 50 states to drive with a Blood Alcohol Content of 0.08 percent since 2002.
If you have been charged with drunk driving in Texas, please contact the Houston DUI Attorneys of Johnson Johnson & Baer, P.C., at 713-222-0400.