What is the Legal Limit BAC for DWI in Texas?

 Posted on October 26, 2023 in DWI

You may think there is a simple answer to the question, "What is the legal limit for DWI in Texas?" As is often the case in legal matters, the answer is that "it depends." You can be charged with DWI under a number of circumstances, including in situations where the police never check your blood alcohol content (BAC). Regardless of your BAC, if you have been arrested for drunk driving, you should contact a Frisco drunk driving defense attorney as soon as possible.

The BAC Limit Depends on Various Factors

• For most people, the BAC limit is .08. This means that if you are driving with a BAC of .08 or greater, you are guilty of per se DWI. In other words, you are guilty of drunk driving even if you are not actually impaired at that BAC.
• For people under the legal drinking age of 21, there is zero tolerance. This means that if you are under 21, it is illegal to drive with any detectable alcohol in your system. If you do, you can be charged with driving under the influence (DUI). If your BAC is over .08, you can be charged with DWI as an adult.
• If you are driving a commercial vehicle like a big rig or semi-truck, it is illegal to drive with a BAC of .04 or more.

You Can Be Charged with DWI With a BAC of Below .08

You may be surprised to learn that you can be charged with drunk driving even if your BAC is below the legal limit. As a result, if you feel a little tipsy after only one glass of wine, you should not get behind the wheel thinking that you are safe from prosecution and arrest. 

Texas law defines “intoxication” as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.” If the police believe that you are intoxicated, they may arrest you for DWI, even if your BAC is less than .08 or if you refuse a test. 

To support their assertion that you were intoxicated, they may rely on evidence such as:

• Your conduct during a traffic stop
• The odor of alcohol coming from your car
• Your appearance
• Observations regarding your driving
• Your performance on roadside sobriety tests

Fortunately, there are often ways a skilled lawyer can rebut evidence of intoxication – regardless of whether it involves your BAC or not. As a result, you should retain a Collin County criminal defense lawyer as soon as you can after a DWI arrest.

Call Us Today to Schedule a Consultation with a Frisco, TX, DWI Defense Lawyer

If you have been arrested for drunk driving, it's in your best interest to contact a lawyer as soon as possible. At Law Offices of Biederman & Burleson P.L.L.C., our skilled team of Collin County, TX, defense attorneys is committed to defending your rights and future. Call us today 469-333-3333 or contact us online.