Driving after drinking alcohol is always risky, even if you do not feel intoxicated. Many adults of legal drinking age think that as long as their blood alcohol concentration (BAC) is below the legal limit of .08, they will not face DUI charges. However, under Texas law, you may be charged with a DUI even if your BAC is under .08, if the police find you to be intoxicated.
What is considered intoxication?
Under Texas law, intoxication occurs when alcohol or other substances prevent you from “having normal use of your physical and mental faculties.” A police officer may observe your behavior behind the wheel or during a traffic stop and determine that you are intoxicated. The officer may take note of:
- Slurred speech
- Bloodshot eyes
- Odor/smell of alcohol
- Erratic behavior
The officer may then ask you to submit to a Breathalyzer test to determine your BAC level. Refusal to take the test may result in an automatic license suspension of a minimum of 180 days for first time offenders.
If you take the Breathalyzer test and the results reveal that your BAC above .08, that in itself is enough to arrest you on DUI charges. If the results show that you have a BAC below a .08, but not 0.0, the officer may have enough probable cause to arrest you based on the Breathalyzer results combined with his or her observations and/or the results of any field sobriety tests administered.
If you are accused of drunk driving, it is important that you and your attorney come up with an effective defense strategy. Establishing that the Breathalyzer results and field sobriety results were inaccurate may be the best way to defend against the charges you face.