Can I Face a DWI in Texas if I’m Below the Legal Limit?

A pair of silver handcuffs is laid out against a black background, symbolizing the boundaries one must adhere to. The open handcuffs, with a small chain connecting the two cuffs, serve as a stark reminder of the legal limit not to be crossed.

It’s important to understand that there are several laws in place designed to ensure the safety of the general public. One of the most important laws revolves around drunk drivers. There are rules and regulations in place regarding how much alcohol a driver can consume before being charged with Driving While Intoxicated. However, many are unaware that even if they are under the legal limit, they can still face a DWI charge. Keep reading to learn more about these matters and discover why working with Houston DWI defense attorneys is in your best interest when facing charges.

What Is the Legal Limit?

The legal limit is a term used to describe the maximum amount of alcohol a driver can have in their system before being automatically charged with driving while intoxicated (DWI). For regular passenger drivers, this is a Blood Alcohol Concentration of 0.08% while those who drive commercial vehicles have a legal limit of 0.04%.

It’s also important to note that Texas is a Zero Tolerance Policy state, meaning drivers under 21 have a legal limit of 0.00%. This is because it’s illegal for those under 21 to consume any amount of alcohol. As such, if a 19-year-old driver is found with a BAC of 0.02%, they will be charged with a DWI.

However, it’s important to understand that the legal limit in place for drivers over 21 is an automatic trigger for a DWI charge. Essentially, regardless of how inebriated you are, you will face a DWI if your BAC is at or over 0.08%. This is known as a DWI Per Se. However, you can still face charges if caught driving with a BAC of less than 0.08%. For example, if you are found with a BAC of 0.05%, but you show signs of intoxication, like slurred speech or slow reaction time, the officer will charge you with a DWI since it is still unsafe for you to drive the vehicle.

If I’m Pulled Over, What Do I Do?

In the event you are pulled over and the officer asks if you’ve had anything to drink, knowing how to respond is critical to ensuring you do not incriminate yourself. If you have had a few drinks, you may think honesty is the best option. However, this just gives the police additional information to use against you. On the other hand, lying to the police is a crime. So, the best option if you are pulled over and law enforcement asks if you’ve consumed any alcohol is to invoke your right to remain silent. This ensures you do not incriminate yourself.

If you are placed under arrest for driving while intoxicated, the best thing you can do to protect yourself is contact an experienced criminal defense attorney from the Gonzalez Law Group. Our firm understands how overwhelming a DWI charge can be, as the penalties can be intense. That’s why our firm will do everything possible to help you receive the best possible outcome for your circumstances. If you need help, contact us today.