I know it is hard to understand...but a DWI stands for DRIVING WHILE INTOXICATED....meaning that Alcohol of any level would have to be in your system (as in you have had to consume it). Meaning, one must have consumed (you know drank at least one beer or alcoholic drink) some alcohol. You cannot be intoxicated simply because the smell is coming from a vehicle. However you are considered intoxicated after one drink. hence the term driving while intoxicated (DWI) and that in Texas one can go to jail and ticketed for being less than drunk according to their 0.08% BAC. Anything that high or higher is considered Driving Under the Influence (DUI). Your way of thinking, would essentially mean any designated driver (DD) could be ticketed and arrested for a DWI even without consuming a drop of alcohol, just cause their passenger(s) were drunk or have been drinking. I mean, you do know that the smell of alcohol can fill a small space, such as the cab of a truck or car, simply by a person, that has been drinking, breathing, right? Jesus dude...you cannot honestly believe that Blackmon would get a DWI for being a DD and not having a single drink of beer or alcohol, do you? So basically, the law states, there has to be evidence that a person has drank some alcohol in order to be given a DWI. And for an under aged driver, if the smell of alcohol is coming from the person, not the vehicle, they can be given a DWI.... Let me guess, beer got spilled on him? Naive much bro?