Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) is a criminal offense that should to be taken seriously. The offense can be penalized with a high fine of more than $2,000 after the first offense, long-term suspension of driver’s license, and months or even years of jail time.


As the rate of DUI cases increases, so does the need for drivers to have their rights protected. This is why we at the Law Office of Kathy Holton make it a point to leave no stone unturned during evidence gathering. Below are the three main factors in determining DUI or a DWI.


Blood-Alcohol Concentration (BAC)

In the State of Texas, a person is considered intoxicated if their Blood-Alcohol Concentration (BAC) is 0.08% or more. This can be determined through breath, urine, and blood test. Since the analysis has gotten more refined and accurate through the years, the BAC is considered one of the strongest evidences in determining DUI.


A driver can refuse such tests, but this might appear as lack of cooperation and result to further complications. It is best to consult with your defense attorney before making a decision.


Driving Elements

Even if the person is determined intoxicated, there is still the matter of proving the “driving” part in the term “drunk driving.” The court can pinpoint the nature of the incident and whether the person was actually driving based on a number of elements, namely: the location and position of the vehicle, seat of the alleged driver, whether the keys are in or out of the ignition, and the condition of the vehicle before and during the time of the arrest.


Field Evidence

Field evidences are the factors or elements found during the DUI arrest and are usually provided by the police officers on the case. These include accounts on the accused’s driving, conduct, physical appearance, authorized field sobriety test, and incriminating statements. There are also the videos and photographs taken within the area where the driver was last scene and arrested.


These are the three main factors in determining a DUI case, however, the best tool a defendant can still have is a reputable and skilled attorney. For your questions or concerns, Kathy Holton is a trusted name in Georgetown, TX who has a high winning rate in DUI and DWI cases. Call us today to schedule a free consultation so she can immediately start on your case.