I completely understand that the probable cause and even the arrest is based on observation. However, once arrested, a breathalyzer or blood test can be performed to support the arrest. This serves as an empirical benchmark for the prosecution. If it falls below the legal limit, it can work in the citizen's favor. Either way, it is an established benchmark, or number, that is less subjective as the officer's observation. I'm not impugning officers, but we all know that observation isn't an exact science. The precision of the observation is based on the quality and quantity of training and the officer's basic skills. The physical state of the citizen, such as fatigue, can introduce false-positives in some of the field sobriety tests. And, we must also admit that the attitude of the officer toward the citizen might influence the 'results' of the observations.Keith B wrote:Actually, quantifiable evidence does not really have to be there. In Texas there is NOT a legal limit for DWI. TPC 49.01 (2) states:DoubleActionCHL wrote:Observations are inherently subjective, which is why DWI charges are supported by quantifiable evidence.
"Intoxicated" means:
(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.
.08 is the BAC standard, but the statute states that 'any impairment' can be justifiable to charge someone with DWI (not to be confused with DUI in Texas which is only for someone under the age of 21 and the 'zero tolerance law of NO alcohol in system.)
It is purely at the discretion of the officer if he believes he has probable cause due to a perceived impairment to make the arrest.
Impairment starts the minute you take a drink. It may be small enough to not visibly affect you, but even small amounts of intoxicants introduced into the system impact motor skills and decision making. Some folks handle it better than others. I know people who are basically tee-totalers that one small glass of wine or champagne and they are tipsy and feeling it.
The question is not "will I be arrested?" The question is "will I be convicted?" I believe the laws concerning DWI will result in a more 'exact' conviction than "carrying while intoxicated" under TPC Section 46.035.