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When am I legally intoxicated?
The government wants you to believe that any amount of alcohol or drugs in your system, including prescriptions given to you by a licensed medical professional, means that you are intoxicated:
“You are legally intoxicated in Texas when your blood alcohol concentration reaches 0.08, but you are breaking the law as soon as drugs or alcohol affect your driving—or flying or boating—ability.”
Texas Department of Transportation (TxDOT)
TxDOT is the same government agency that pushed the “Drink Drive Go To Jail” campaign. The National Highway Traffic Safety Administration (NHTSA) has a similar campaign called “Drive Sober or Get Pulled Over”. This is not the law in Texas though.
The Texas Penal Code 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 or a combination of two or more of those substances, or any other substance into the body;
- Having an alcohol concentration of 0.08 or more
The point of this is not to advocate for drunk driving. I have a wife and two daughters and would not ever want them on the road near someone who was driving intoxicated. I do have a problem with the government trying to make the public believe that a responsible adult cannot drink alcohol at all before getting behind the wheel. When the alcohol absorbed into someone’s system goes over the legal limit though there can be heavier consequences depending on the level.
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Texas DWI Laws
A person’s BAC at the time of driving can drastically affect the consequences of a DWI conviction. DWI charges against a driver with a BAC between 0.08 but less than 0.15 result in a Class B misdemeanor charge for a first-time offender. The range of punishment for Class B misdemeanor charges in Texas is up to six months in jail and/or a fine of up to $2,000. A DWI charge against a driver with a BAC of 0.15 or greater results in a Class A misdemeanor. The range of punishment for Class A misdemeanor charges is up to one year in jail and/or a fine of up to $4,000. A DWI conviction can also result in a driver’s license suspension and the requirement to install an ignition interlock device in any vehicle owned or operated by the defendant.
DWI in Texas
A conviction for DWI can also result in additional financial penalties in Texas, and the driver’s BAC at the time the government tests the blood can double the amount. A first-time offender faces the possibility of up to a $3,000 traffic fine. Someone with a BAC of 0.15 or greater can be required to pay a $6,000 fine. No matter what penalties you are facing, though, a DWI conviction will negatively impact your future.
Experience Matters
If you are facing DWI charges, you should consult with an experienced criminal defense attorney to discuss your case. Defending against DWI charges is complicated and time-consuming, but a reputable attorney who is familiar with Texas DWI laws will be able to help you navigate the legal system. Your attorney can analyze your case and make an effort to get the criminal charges against you reduced or possibly even dismissed. Collin Evans is an aggressive attorney who has spent years learning about how the government’s breath alcohol machine works and how to identify problems with its operation. He has also dedicated himself to understanding the process of how the government tests blood samples and how to fight the results in court.
You need an attorney who is going to fight for you. You need to call Collin Evans Law today.
BAC DWI Texas. The professional legal counsel at the Collin Evans Law understands the stress and strain of being arrested and charged with DWI. With over a decade of experience and success in court in Houston and the surrounding area Collin Evans can help you fight. If you find yourself in need of skilled legal representation to fight DWI charges against you, reach out to Collin Evans. Contact the Law Office of Collin Evans online or by phone at 713-225-0650 for more information on how to handle your DWI case.