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Can You Get a DWI in Texas After Only One Drink?

 Posted on February 06, 2024 in Criminal Defense

Blog ImageDriving while intoxicated (DWI) is a grave offense in Texas that poses serious risks to the driver and others on the road. Like in most other states, the legal blood alcohol concentration (BAC) limit for drivers is 0.08 percent. However, many people wonder if it is possible to be charged with a DWI even if you are below that legal threshold, such as after having only one drink. If you were arrested for DWI under unusual circumstances, such as if your BAC was below the legal limit, you may be perplexed about what is happening. In such cases, contact an attorney to begin building your defense against these serious charges.

Understanding the Law

In Texas, the law prohibits people from driving a motor vehicle under the influence of alcohol or drugs to the extent that their normal functions are affected. This means that even if your BAC is below the legal limit, you can still be charged with DWI if your ability to drive is impaired due to alcohol consumption. 

Understanding the Factors Involved in Texas DWI Cases

When determining whether someone is driving impaired, law enforcement officers consider various factors, such as:

  • Behavior while driving – Erratic driving patterns, speeding, weaving in and out of lanes, or failure to maintain lane position can all be indicators of impairment.

  • Field sobriety tests (FSTs) – Officers may administer FSTs, such as the walk-and-turn test, to assess physical and cognitive impairment. 

  • Physical appearance – Bloodshot eyes, slurred speech, and the smell of alcohol on the breath are common signs of impairment. 

  • Admissions or statements – Any statements made by the driver admitting to consuming alcohol or feeling impaired can be used as evidence. 

  • Breathalyzer or blood test results – These tests measure the alcohol present in your breath or blood, providing objective evidence of impairment.

Contact Our Llano County, TX DWI Attorney

While it may seem unfair to be charged with a DWI after consuming just one drink or being under the legal limit of 0.08 percent, it is crucial to understand that impairment can vary from person to person. Factors such as body weight, tolerance, and the type of alcohol consumed can affect a person’s ability to drive safely. If you were charged with DWI and are unsure what to do, pick up the phone and contact the skilled Llano, TX DWI lawyer with Law Office of Russ Alan Baker, PLLC. Call 325-216-2006 for a private consultation. 

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