Re: OOT lawyers:drinking and driving question
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Another note: let's suppose you roll the dice, take the breathalyzer test, and blow a .06 or .07.
Hooray! You passed! You're in the clear! Right?
Wrong. In Texas, for example, a .08 breath test is only ONE of the bases for a DWI conviction. Another one is "not having the normal use of your mental and/or physical faculties due to 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."
So if the officer observes/believes you are not in control of yourself mentally or physically, you're going to get arrested and charged anyway.
And your license suspended.
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Is this the difference between a DWI, and a DUI? if not, what is the diff?
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No difference; some states call it "Driving Under the Influence" and some call it "Driving While Intoxicated." Both mean the same thing; of course, the laws concerning arrest, conviction and penalty vary across the board.
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