The "but I didn't have anything to drink" DWI

Many people in Texas are surprised to learn that you can be arrested for DWI when you have had no alcohol to drink. Yep, turns out the "I" in DWI, which stands for intoxicated, is not limited to alcohol. Most DWI cases do occur based on consumption of alcoholic beverages, but not all. In Texas the statute defines "intoxicated" 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 if you lose the normal use of your mental or physical faculties from your prescription medicine, allergy medicine or even too much of Mom's apple pie, and you operate a motor vehicle in a public place, you could be arrested for DWI.

The usual way the State tries to prove it's case in a non-alcohol case is either by a blood test or an admission by the arrested person. If you tell the police what you took earlier, don't be surprised when you have your own words used to prosecute you for DWI. As always remember you DO HAVE THE RIGHT TO REMAIN SILENT! You can also count on the prosecutor at least once in the negotiations or trial to refer you to the warnings on the prescription not to operate machinery or drive a motor vehicle. The defense of "but I didn't have anything to drink" does not always prevent a DWI conviction.