August 22, 2024
Drunk driving is illegal in every state, though the legal alcohol limit in Texas is essential to know for both locals and visitors alike. If you are found to be above the legal limit, you could face severe consequences since the Lone Star State has a zero-tolerance policy.
Despite being strict on those found to be impaired driving, there is a difference in driving after drinking when you are below the legal alcohol limit. Your blood alcohol concentration needs to be above specific metrics in order to face DWI charges. While that may sound somewhat lenient, trouble can arise when your blood alcohol concentration isn’t correctly measured or if you fit into other categories that make the requirement for your blood alcohol level lower than the standard legal limit.
If you have been arrested on a DWI charge, The Napier Law Firm, PLLC, provides comprehensive legal services to assist you with your legal situation. This article provides information on Texas’s legal alcohol limit, the legal consequences of drunk driving in Texas, and how to proceed in DWI cases.
Understanding the Legal Alcohol Limit in Texas
According to Texas law, the legal limit for those aged 21 and up is a blood alcohol content (BAC) of 0.08% or above. If you consume alcohol and get behind the wheel, you run the risk of being considered legally intoxicated.
When BAC tests reveal this alcohol content or higher, you will be considered to be drunk driving in Texas. Certain restrictions are placed on minors and commercial drivers that set a lower limit for BAC.
Blood Alcohol Level and What It Means
With all this talk about blood alcohol content, it’s essential to understand the meaning behind it relative to how many drinks you consume. Your blood alcohol content is computed by dividing the number of milliliters of alcohol per 100 milliliters of blood.
The metric of 0.08% deems a driver unfit to operate a motor vehicle responsibly. If you are stopped on suspicion of drunk driving and arrested, you will face a DWI conviction and, consequently, will want a DWI attorney to help protect your legal rights.
Since alcohol consumption is measured by how many drinks you have, BAC can make it difficult to determine how much alcohol is too much. One drink can vary greatly in its alcohol content, with 12 ounces of beer typically containing 4.5%, though often more particularly with craft brew varieties. A 5-ounce pour of wine usually has an alcohol content of 12%, while a 1.5-ounce shot of 80-proof liquor contains 40% alcohol content.
Based on these contents, most people will wind up being over legal limits after consuming 2 to 3 drinks per hour. It’s safe to assume if you have any detectable amount of alcohol in your system that, you may want to call rideshare rather than risk the chance of criminal charges for drunk driving.
There are additional complexities as well since your BAC can rise and fall quickly, making the administration of these tests by law enforcement officers a bit tricky. It may read a high blood alcohol content as well, putting you in greater danger of severe penalties for improper readings on blood alcohol tests.
Special Considerations for Blood Alcohol Concentration for Minors and Truck Drivers
It’s worth noting that the Texas legal limits apply to drivers who are 21 years of age or older and only drive a personal vehicle. If driving in Texas while under the influence while you are underage or have a commercial driver’s license, the limits are lower than 0.08%.
Drivers Under the Age of 21
Underage drinking is not tolerated in the state, and anyone under the age of 21 with any traces of alcohol found in the breath test or blood test will face penalties. Typically, this will result in driver’s license suspension, though there could be additional consequences.
One massive misconception in the state is that people under the age of 21 can consume alcoholic beverages. This is true, but only if the underage person in question is with their parents. If you are not quite 21, you should avoid drinking and driving when you are at a restaurant with your family. Even though the law allows your parents to purchase alcohol for you, they must be present while you consume it, and you must not get behind the wheel.
Commercial Drivers
Commercial drivers must abide by stricter metrics, and the limit for BAC is 0.04% or higher. Those who hold a CDL are held to higher standards than those with a regular driver’s license because the vehicles they drive are far more dangerous. It takes greater responsibility to operate such vehicles, and breaking this law results in much harsher penalties.
Additionally, truckers with a trucking driver’s license have this 0.04% limit imposed at all times, whether they are driving for their trucking company or their vehicles. While police officers must have probable cause to conduct field sobriety tests, a blood test, or a breathalyzer test for regular drivers, the rules are different for truckers. The Federal Motor Carrier Safety Administration (FMCSA) regulates that they may be subjected to entirely random breath tests.
A DWI conviction is terrible for anyone’s record, though for truckers, it can mean the end of their career. If you are facing a DWI charge as a regular driver, underage driver, or truck driver, legal representation is the best way to protect your rights.
What Are the Consequences for Driving Above the Legal Alcohol Limit in Texas?
If you are going to drink in Texas, download Uber or keep a taxi number stored in your phone. You can rest assured knowing that you will not face the following penalties if you let a sober driver take you home.
For a first offense that leads to a first-time DWI conviction, it is a class B misdemeanor. This can result in up to 180 days in jail time and $2,000 in fines. If you have a second offense and get a second DWI conviction, you’ll face a class A misdemeanor charge. This punishment could be up to two years in jail and fines of up to $4,000.
The Texas penal code also addresses what happens if you have subsequent convictions. These are charged as felonies that may have you serving two to 10 years in prison and paying fines up to $10,000. If a person’s breath leads to BAC tests with higher readings than the legal limit, the penalties become even more severe.
It’s important to remember that beyond these punishments imposed for your lack of mental or physical faculties behind the wheel, you may be ordered to attend alcohol education classes. An ignition switch or alcohol interlock device may be mandated in order to use your vehicle. A DWI in Texas is a serious matter that can potentially cost you your career and professional licensing. It will make it more challenging to find work, rent or buy a home, and get car insurance at reasonable rates (or at all), and it comes with a social stigma that is hard to shake.
What to Do When You’re Facing DWI Charges in the State of Texas?
Whether you live in Texas or are spending time here visiting, do yourself a huge favor and protect yourself from DWI. Choose a designated driver before you go out for drinks, or set up a rideshare app on your phone. Often, many people get carried away at dinner, not realizing they consumed more than they should, leading to a BAC level that can put them behind bars.
Even if you have plenty of food, snacks, and water on your evening out, DWI can happen in Texas. Take the safe route by staying out of the driver’s seat.
In the event that you are arrested for DWI, you should remember your legal rights. You can exercise your right to remain silent and call an attorney. Your lawyer can then review all the evidence provided. This may include recordings from the dash-cam, body cams, or traffic cameras.
As your attorney investigates the case, they will analyze whether the officer had proper reasonable suspicion to pull you over in the first place. All officers must follow the correct procedures when conducting traffic stops, and this will be checked thoroughly to see if protocols were not followed.
The police must have probable cause to issue a breathalyzer test and arrest you for intoxication. When they conduct breath or blood tests, they must administer them properly with devices that are calibrated in accordance with these procedures. Essentially, everything must be followed to the letter, and these tests can often produce faulty results, giving your attorney good reason to issue grounds for dismissal.
Aside from getting behind the wheel after drinking, the worst decision you can make is to try to represent yourself. You can’t explain things away without being well-versed in the laws or how these tests determine BAC. Contact The Napier Law Firm, PLLC, to get assistance in your DWI legal defense.