In the majority of circumstances, you’ll be classed as driving under the influence of alcohol in Texas only if you are measured to have a blood alcohol concentration (BAC) of 0.08% or higher. However, in some cases, you may face criminal charges even if your BAC was measured lower than that. The charges you’ll face will also be more severe if your BAC is significantly higher than 0.08%.
If you have been arrested in Texas on the suspicion of driving under the influence of alcohol, you should make sure that you understand the possible legal consequences that you may face so that you can go about defending yourself.
The zero-tolerance BAC limit in Texas
If you are under the age of 21, you are not authorized to legally drink in most situations. This means that when it comes to drinking and driving, there is a zero-tolerance law. If you are pulled over and your BAC is measured to be 0.02% or higher, you’ll face DWI charges.
The “per se” BAC limit in Texas
If you are 21 or older, you can legally drink and drive as long as your BAC limit remains below 0.08%. It’s important, however, that you only drive after drinking with extreme caution because alcohol can affect everyone in different ways.
Aggravated DWI BAC limit in Texas
Being found with a BAC of 0.08% will lead to a license suspension, a fine and possible jail time. But if your BAC is measured at 0.15% or higher, you will be charged with an aggravated DWI. This means that you were driving while extremely impaired, and you’ll face much more severe penalties as a result.
Your measured BAC will play a high part in the legal consequences you’ll face if you’re found to be driving under the influence of alcohol in Texas. One possible defense is to dispute the accuracy of the test that measured your BAC.