If you drive the roads around Dallas/Fort Worth, you have seen the sign. Big, clear and to the point:
"Drink, Drive, Go to Jail!"
Now, as most people know, "Drink, Drive, Go to jail" is not the law in Texas. It is perfectly legal to have a drink (or a few drinks) at a restaurant, bar or any other establishment that serves alcohol and then drive home. That is socially responsible drinking. The only thing that would make drinking then driving illegal would be if you drank too much and became intoxicated. Most rational thinking people understand this concept.
The problem, however, is that enforcement of laws sometimes is not rational. And, "Drink, Drive, Go to jail" (although legally incorrect) is practically the way it is!!
Think of it this way. An officer pulls over a citizen who has had a couple of drinks. If that citizen cannot PROVE to the officer he or she is not intoxicated, what do you think is going to happen? Of course, the officer is going to err on the side of caution and arrest the person. The officer is simply not going to let them go and take a chance that something bad happens.
Now, officers' are often asked by prosecutors, "Do you arrest everybody you stop and investigate for DWI?" The answer is usually, "No." However, if you ask the officer to name the last person the let go after a DWI investigation or tell you when it occurred, they have a hard time remembering. That is because "Drink, Drive, Go to jail" is the reality.
Or, to use another phrase often spoken by officers, if you decide to drink and drive "you may beat the rap, but your not beating to ride (to the police station)!"
Lawyer's Note: Any grammatical or spelling errors are unintentional. I am a busy trial lawyer; there is not much time for editing. Please, forgive any mistakes!! Thank you.