Under 0.08? You Can Still Be Convicted

Texas, like most states takes a hard stance on intoxicated drivers. Police are more vigilant than ever on the highways, pulling over suspected drunk drivers and using the full extent of their powers. Even drivers who invive seemingly small amounts of alcohol may be subject to arrest and the legal consequences it may bring.

Drivers pulled over with any amounts of alcohol in their systems may be subject to search and arrest by the police. Whether the arrest is right or wrong, Texas drivers in these situations may need experienced legal counsel to defend their legal rights.

The Law Office of Andrew J. Williams and its DWI attorneys have years of experience providing legal advice and representing DWI suspects. If you were pulled over and charged with a DWI in Texas, contact our law office for a consultation about your charges.

Texas DWI laws

In Texas, drivers pulled over with a blood alcohol concentration (BAC) of 0.08 or higher are presumed to be legally intoxicated and may be charged with driving while intoxicated (DWI). But what if a driver submits to a roadside breathalyzer test and blows less than 0.08 percent? Will he or she be free to go?

The answer is complicated and depending on the circumstances, people who blow below the “legal limit” may still be sent to jail. Texas law has clear circumstances where persons that blow under 0.08 percent may be charged with DWI.

Police officers in Texas have the discretionary authority to charge drivers who appear to be under the influence of drugs or alcohol with DWI even if their BAC is below 0.08 percent. This is a complicated legal area and police may introduce other evidence to show a drive was impaired while driving.

Underge drivers and commerical vehicle drivers

Texas has a zero tolerance policy when it comes to minors and drinking and driving. Any driver under the age of 21 with a detectable amount of alcohol in their system may be charged with DWI. Although persons under the age of 18 are not placed formally under arrest, they are none the less detained in police custody.

Commercial vehicle drivers with a BAC of 0.04 percent or higher may be charged with DWI. CDL drivers with a BAC of 0.04 percent or higher may be subject to arrest and suspension of their CDL license.

Kingwood, Texas DUI attorneys

If you were charged with DWI in Texas, contact the attorneys of The Law Office of Andrew J. Williams. Our attorneys have the experience and legal knowledge to scrutinize evidence and testimony against you and make sure your legal rights are upheld.

As a board certified trial lawyer, Andrew J. Williams has spent over 15 years focusing on criminal defense. If you were pulled over and charged with DWI despite having a blood alcohol below 0.08 percent, you may need the experienced and legal counsel to defend you. Contact our office for a consultation about your case.

Andrew Williams, an experienced attorney who can challenge evidence in a DWI case
About the Author: Andrew Williams
I am a criminal defense lawyer with over 20 years experience defending people accused of wrongdoing. I am board certified by the Texas Board of Legal Specialization. Only ten percent of attorneys in Texas are board certified in their respective field. I practice criminal law exclusively in both state and federal court including appeals of criminal cases.