DWI charges possible in Texas even if under the legal limit

March 08, 2014

Although it may surprise many Texas motorists, a driver does not actually have to have a blood alcohol concentration (BAC) above the legal limit in order to be charged with driving while intoxicated (DWI) in Texas. Indeed, while a driver is automatically considered "intoxicated" under Texas law if he or she has a BAC of at least 0.08 percent, DWI charges are also possible if a driver does not have the "normal use of mental or physical faculties" due to alcohol consumption - regardless of BAC levels.

In fact, police have been known to charge drivers with DWIs even if their BACs are well below 0.08 percent. For instance, just last year an Austin man was arrested for a DWI even though he registered the lowest possible reading of 0.00 percent on his breath test. And, while this particular arrest sounds almost unbelievable, that didn't save the man from having to spend the night in jail or shorten his year long fight to get the charges dropped, which just recently occurred.

Consequences related to a Texas DWI conviction

However, not only can a driver face Texas DWI charges even if under the 0.08 percent limit, he or she, if convicted, will often face the same severe consequences as a driver who registers a BAC over 0.08 percent. For example, both groups of drivers may be subject to several penalties under Texas law, including:
- Jail time
- Fines and surcharges
- License suspension or revocation
- Alcohol education or intervention programs
- Installation of an ignition interlock device (IID) on the driver's car

Importantly, the likelihood and severity of these penalties are dependent upon several factors, such as whether the driver has any prior DWI offenses, the amount of alcohol in his or her system, or whether there were any children in his or her car at the time of arrest. For example, while a first time DWI is typically a Class B misdemeanor in Texas, if the driver has a BAC of 0.15 percent or more, it increases to Class A misdemeanor. Moreover, any driver arrested for a DWI in Texas will likely face a state jail felony charge if he or she has a passenger in the vehicle younger than 15-years-old.

Refusal to submit to breathalyzer tests in Texas

Even if a Texas driver refuses a breath test in an effort to avoid drunk driving charges, he or she may nevertheless be arrested for a DWI if the officer believes he or she does not have "normal use of mental or physical faculties." Additionally, Texas law also dictates that if a driver refuses testing following a DWI arrest, his or her license will be suspended by the Texas Department of Public Safety for 180 days, which increases to two years if the driver has another DWI conviction or wrongful refusal within the prior 10 years. Moreover, a refusal to consent to testing can be admitted as evidence against the driver in his or her DWI trial.

Ultimately, given the complexities of Texas DWI law, it is often best to seek the counsel of an experienced DWI defense attorney if you are currently facing drunk driving charges. A skilled attorney can help explain your options given your situation and assist in protecting your rights.

Article provided by Hines Ranc & Holub
Visit us at www.hinesrancholub.com