The Texas Prohibition – A Brief Overview
If you know anything about the Texas prohibition, you’ll be well aware that it is one of the longest-standing alcohol laws in the United States. Even if you’re not very familiar with the full history of the law, or its effects on today’s society, you’ll still have a better understanding of the complicated process that determines how much you can drink. Just so you know, however, there are many things that you should know before you begin your search for a Texas DUI attorney.
Understanding the Rules of Prohibition
It is important to understand all of the rules and regulations before you make the right decision. A thorough knowledge of the state laws will make a huge difference in your defense in the courtroom.
In order to prove a drunk or intoxicated person is unfit to drive, there are several requirements to meet. One of the most important factors of the law is the existence of alcohol in their system.
Before the prohibition’s start, legal scholars knew that two specific rules existed regarding drinking and driving. First, any evidence of impairment would be a violation of the law.
Second, it was proven that the practice of voluntary intoxication did not have the effect of getting a person drunk. This meant that a person could continue to have their drink of choice after they had consumed enough to satisfy their needs.
The number one way to break the voluntary intoxication rule was the BAC testing method used by law enforcement. This method is generally referred to as BAC testing and tests the amount of alcohol in the body of the subject. This was the first test used in Texas, but more states began using this method.
Dry blood alcohol levels, or BAC’s were deemed to be the limit of legally driving. Over a certain amount, the test would indicate that a person was drunk, and they would then be subject to prosecution.
- However, it was determined that the voluntary level of intoxication was a higher level than a BAC test could determine.
- To test for BAC, law enforcement personnel would force a subject to go to a hospital to get tested.
- Once a person was given a blood sample, the court would review the result and decide if the person was drunk or sober.
Under this test, even if a person had an extremely high BAC, they were legally drunk. If you are charged with a DWI offense, you must know how to prepare yourself.
In Texas, you will find one question on your application for a preliminary hearing.
You will need to answer it truthfully if you wish to appear in court. The cost of one of these hearings is extremely expensive, and if you don’t have the money available, you’ll probably be unable to afford one.
If you get arrested and found guilty of the charges, you may find that your only possible condition for a lesser charge is to admit that you were drunk. This is true even if the court finds you not guilty of the charges.
If you want a legal defense, or a cheap plea bargain, you may want to contact a qualified Texas DUI lawyer. With the help of a trained professional, you can get out of your mug shot and get on with your life.