When it comes to understanding the legal implications of being “under the influence of alcohol,” the waters can get quite murky. The complexity of this issue is because each state has its specific laws and definitions regarding this offense. It’s essential to have a clear understanding of what it means to be “under the influence of alcohol” in your jurisdiction, especially if you find yourself facing potential charges. 

If you’ve been arrested, always contact an Austin DWI defense lawyer immediately. 

Legal Definition of “Being Under the Influence”

In the context of criminal law, being under the influence of alcohol generally refers to a person’s impaired physical or mental abilities due to alcohol consumption. To determine whether someone is considered to be “under the influence,” law enforcement and courts may rely on various factors such as:

• Field Sobriety Tests (FSTs): Law enforcement officers may administer FSTs, such as walk-and-turn or one-leg stand tests, to assess an individual’s physical coordination and balance. The results of these tests can be used as evidence of impairment.
• Observable Behavior: Police officers may consider a person’s behavior, such as slurred speech, bloodshot eyes, or the smell of alcohol on their breath, as indicators of alcohol impairment.
• Blood Alcohol Concentration (BAC): The level of alcohol present in an individual’s bloodstream is one of the primary factors used to assess impairment. States have different legal limits for BAC, typically ranging from 0.08% to 0.10%, with stricter limits for drivers under the legal drinking age.

It’s important to note that an individual can be charged with being under the influence of alcohol even if their BAC is below the legal limit. If their impairment is significant enough to affect their ability to operate a vehicle safely or engage in other activities, they can still face legal consequences, such as DWI.

Consequences of Being Under the Influence of Alcohol

Some common consequences may include:

• DUI or DWI Charges: If you are caught operating a vehicle while under the influence of alcohol, you may face charges of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). These charges can result in fines, license suspension, mandatory alcohol education programs, and even jail time.
• Criminal Penalties: Being found guilty of being under the influence of alcohol can lead to criminal penalties, including fines and potential incarceration. Repeated offenses or cases involving accidents and injuries may result in more severe penalties.
• Professional Consequences: A conviction for being under the influence of alcohol can have significant professional consequences, particularly for those in certain occupations, such as commercial drivers, pilots, or healthcare professionals.
• Insurance Premium Increases: Your auto insurance rates are likely to increase substantially if you are convicted of a DUI or DWI. 

Your Body Under the Influence of Alcohol

Alcohol is a depressant that affects the central nervous system. It slows down brain activity, impairing judgment, coordination, and reaction time. This is why it is illegal and dangerous to operate a vehicle or engage in any activities that require focus and precision when under the influence.

In addition to affecting the brain, alcohol also impacts other organs in your body. It can irritate the lining of your stomach, leading to digestive issues and potentially causing gastritis or ulcers. Furthermore, alcohol is also a diuretic, meaning it increases urine production and can result in dehydration. Additionally, understanding the physiological effects of alcohol on your body is crucial for making informed decisions and avoiding legal trouble. 

An Austin Criminal Defense Lawyer Can Help

If you are facing charges related to being “under the influence of alcohol,” it’s essential to seek the guidance of an experienced criminal defense attorney in Austin, TX, who can provide expert advice and representation. The Law Office of David D. White is here to help! Our Austin criminal defense lawyers are ready to stand by your side, protect your rights, and ensure the best possible outcome for your case.

We understand the complexities of alcohol-related charges and can provide the knowledgeable guidance and representation you need. Don’t face these charges alone—let us fight for your rights and protect your future. Contact the Law Office of David D. White today to schedule a free legal consultation with an experienced Austin criminal defense lawyer.