Can I Be Charged With a DWI If Am Under The Legal Limit?


The legal BAC (blood alcohol concentration) limit is 0.08%. If that level is hit or surpassed, then the court will assume that the amount of alcohol you consumed impaired your capacity to operate a vehicle. There are several ways to obtain BAC readings, the most typical of which involve breath tests at police stations.

If a police officer assumes that you’re impaired based on the 0.08% reading, does a 0.07% reading establish your sobriety?

Will low BAC levels stop you from being charged with a DWI?

The answer is no. The court system does not assume impairment, so they will try to determine if you were indeed impaired. A police officer might have issued a field sobriety test, one that you may have failed, for example. You might’ve also exhibited clear impaired driving signs (like being the cause of an accident). DWI charges could still be faced even if the results of a breath test show that you’re below the limit.


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Police officers, in several cases, will make an argument that you exceeded a limit as you drove. Perhaps you were the cause of a crash that took place at a certain remote location, and a couple of hours were needed to obtain a reliable BAC reading. In such cases, if it happened to be 0.07% once those hours have passed, then the officer will assume that those levels were at 0.08% whenever the accident transpired, keeping in mind how quickly alcohol is broken down by the body.


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If you are facing a potential DWI charge in the state of Texas, understanding what your options are, defense-wise, is critical. Contact our office to schedule a free consultation with an experienced DWI Attorney, Daniel K. Peugh today.