Blood Test DWI Texas TX
Reader’s Question:
My brother was trying to defend his blood alcohol test result of under 0.08, since it is lower than legal limit. Does he have any chance of winning his defense on his DWI case in Texas?
Molly
Amarillo, Texas
Thanks for asking Molly! Under the law of Texas it does not say that it’s legal to drive with a breath or blood alcohol concentration of under .08.
In Texas, there are two different definitions of intoxication when it comes to DWI. Everyone is somewhat familiar with the first one: the 0.08 blood alcohol concentration limit. The second definition of intoxication is not having the normal use of your mental and/or physical faculties due to 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. This second definition is what the State uses as their basis every time they prosecute someone in Texas without a blood, breath or urine sample. Most especially when the blood alcohol test result is under .08.
As I have mentioned, the law does not say that it is legal to drive if your blood alcohol concentration is under .08; it only gives the State more ways to attempt and prove that your guilty if you provide a sample over .08.
That is why it is best to speak to an attorney who specializes in drunk driving in Texas, since they know how to defend you against the charges, how to challenge any breath, blood, or chemical tests, how to dispute the validity of the results, and how to best protect your rights.
