Unfortunately, getting a DWI charge changed to obstruction of highway is easier said than done. Obstruction of Highway may be negotiated by a skilled defense attorney if the attorney can find sufficient evidence favorable to the defense that shakes the prosecutor’s confidence in obtaining a guilty verdict at trial. Given the definitions for intoxication in Texas, which allow prosecutors to prove their case by showing an individual has lost their normal use of mental or physical faculties (regardless of their Blood Alcohol Concentration), it is very hard to shake a prosecutor’s confidence in a DWI case.