The common names used to describe drinking and driving in Texas are DUI and DWI. DUI refers to "Driving Under the Influence" and DWI refers to "Driving While Intoxicated". Both of these crimes involve driving, or operating a motor vehicle.

A motor vehicle is basically anything with a motor so remember that just because you are not driving a car or truck does not mean you are safe from a DWI or DUI. The main idea of the drinking and driving laws are to prevent the use of powerful machinery when the operator is impaired to the point that he/she cannot operate it properly.

There are two ways in which the operator of the machinery or motor vehicle can be proven to be intoxicated. The first way is by showing that a certain amount of alcohol or illegal drugs were in the operators system. The second way is to show that the operator was impaired.

Proving that the operator had a certain amount of alcohol or drugs in their system. Currently the BAC limit in Texas is .08. The way that the operator BAC is determined is by blood or breath testing. The only way to challenge a failed test is to prove that a failure occurred testing procedure. A failure in the testing procedure can include : faulty testing machine , improper sampling, foreign media in the mouth (breath test), or failure to properly preserve evidence .

Proof of impairment is based on the facts and circumstantial evidence involved in the particular incident . Police officers often use sobriety tests to prove impairment; also any admissions to the amount of alcohol consumed by the operator can prove impairment. One last way to prove impairment is the police officers observation of the operators driving.

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