Can You Be Arrested for DWI Below the Legal Limit?
Many people believe that as long as their blood alcohol concentration (BAC) is below the legal limit of 0.08 percent, they are safe from DWI (driving while intoxicated) charges. However, this is a common misconception. You can still be arrested for DWI even if your BAC is below the legal limit. Understanding how Texas law works and the factors that can lead to such arrests is crucial for all drivers.
Exploring the Legal Limit in Texas
In the United States, the legal drinking age is 21, and the BAC limit for a DWI charge is 0.08%. However, there’s been talk about lowering this limit to 0.05%, following a National Transportation Safety Board proposal. Driving while intoxicated, whether it’s alcohol or drugs, can have deadly repercussions beyond fines and jail time.
According to the National Highway Traffic Safety Administration (NHTSA), impaired driving accidents kill 37 people every day. It’s not surprising that you can be charged with drunk driving even if your BAC is below the legal limit. Intoxication is more than just a BAC number; it involves various factors and assessments.
Defining What Intoxication Means
According to Texas Penal Code §49.01(2):
(2) “Intoxicated” means:
(A) 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; or
(B) having an alcohol concentration of 0.08 or more.
In Texas, this does not mean you should have both your blood alcohol content (BAC) of 0.08% and a loss of normal mental or physical faculties to be arrested for DWI (Driving While Intoxicated). The law states that you can be arrested for DWI if:
- Your BAC is 0.08% or higher, regardless of whether you show signs of impairment, OR
- You have lost the normal use of your mental or physical faculties due to alcohol, drugs, or a combination of both, even if your BAC is below 0.08%.
Here are some of the main signs police look for to spot impairment:
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- The smell of alcohol
- Slurred or unclear speech
- Red, watery, or glassy eyes
- Your behavior during a traffic stop
- Odd or unpredictable actions, like stumbling, swaying, or not following instructions
- Poor coordination or trouble with simple tasks, like handling your license and registration
- Confusion, getting easily disoriented, or having trouble remembering things
Either condition alone is sufficient for a DWI arrest in Texas. This means that if an officer observes that you are impaired and unable to safely operate a vehicle, you can be arrested for DWI even if your BAC is below the legal limit of 0.08%. Conversely, if you have a BAC of 0.08% or higher, you can be arrested regardless of whether you show signs of impairment.
Stricter Regulations for Commercial Drivers
In Texas, the rules for commercial drivers regarding DWI (Driving While Intoxicated) are stricter than for non-commercial drivers. Here are the key points:
- Lower BAC Limit: Commercial drivers can be charged with DWI if they have a BAC of 0.04% or higher, compared to the 0.08% limit for non-commercial drivers.
- License Suspension: A commercial driver convicted of DWI can face a suspension of their commercial driver’s license (CDL) for at least one year. If they were transporting hazardous materials at the time, the suspension could be three years.
- Disqualification: A second DWI offense can lead to a lifetime disqualification from holding a CDL.
- Additional Consequences: Beyond legal penalties, a DWI can also lead to job loss and difficulty finding future employment in the commercial driving industry.
Zero Tolerance
Zero Tolerance in Texas means that drivers under 21 cannot have any alcohol in their system while driving. That means any percentage of BAC is grounds for a Driving Under the Influence (DUI) charge. If they are caught with even a small amount of alcohol, they can face penalties including fines, community service, alcohol education classes, and losing their driver’s license.
The Zero Tolerance policy aims to discourage underage drinking and enhance road safety by ensuring that young drivers are alcohol-free.
Drugged Driving
In Texas, you can be charged with DWI not just for alcohol but also for being under the influence of drugs. The officers will use field sobriety tests and their observations of your behavior as evidence.
It’s important to note that having a prescription for a drug, like a narcotic, does not protect you from a DWI charge if the drug affects your driving ability. Different drugs affect your body in various ways, and some may stay in your system long after their effects have worn off, which can still lead to an arrest.
Arrested? Don’t Plea, Call Me!
Avoid the risks associated with misconceptions about BAC limits. In Texas, you can be arrested for DWI even if your BAC is below 0.08% or if your mental or physical faculties are impaired.
Understand how impairment is assessed and the legal implications for both alcohol and drug use. If you or someone you know is facing DWI charges, seeking expert legal advice can make a crucial difference. Contact us today to protect your rights and navigate your case effectively. Get the necessary guidance immediately.