Can I Be Charged with DWI in Texas If I Am Below 0.08 BAC?


The legal limit for a person’s blood alcohol concentration while driving is .08, meaning that if you are driving and found to have a BAC of .08 or higher, you will likely face charges of driving while intoxicated. But what many don’t know is that you can still face impaired driving charges even if you test lower than .08.

Situations Where Blowing Below .08 Can Still Land You a DWI

  1. Breathalyzers are not always completely accurate. You might technically be below the legal limit, but blow a .08 or higher due to the margin of error on the breathalyzer’s accuracy. If this happens, you will likely be arrested and charged with DWI.
  2. Texas is a zero-tolerance state. If you are under the age of 21, blowing any number other than .00 is grounds for a charge of driving under the influence, or DUI. The difference between DWI and DUI in Texas is that DUIs are only for drivers under 21.
  3. Commercial drivers have a lower BAC limit than civilian drivers. If you are a commercial driver who tests at .04 or higher, you can be charged with DWI, not to mention lose your commercial driver’s license for a year minimum.
  4. If an officer has probable cause to believe that you are impaired, even if you haven’t been drinking at all, you might still face DWI charges. For example, let’s say you take a prescription pill and follow it up with one glass of wine. If you are driving and an officer has reason to believe that you are impaired, you might face DWI charges even though your BAC is well under the legal limit.
  5. You can also be charged if you don’t have your normal mental or physical faculties due to alcohol or drugs. Under this standard, the police don’t even need a breath or blood test. It is all in their opinion based on the observations they have made.

The Goolsby Law Firm provides representation for clients charged with criminal activities throughout the Dallas-Fort Worth Metroplex.


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