With the holiday season rapidly approaching, Texas will be full of people celebrating. That includes residents of the Lone Star State and people visiting family and friends. Part of those celebrations and events often includes alcohol consumption. There is nothing wrong with that. However, some might get behind the wheel after drinking and find themselves subject to a traffic stop and subsequent arrest for driving while intoxicated.
In general, those who are tested to determine how much alcohol they have in their system will face arrest if their blood alcohol concentration is 0.08% or higher. However, the investigating officer has wide discretion in making an arrest. People facing a drunk driving charge must be aware of the nuance within state law and tailor their defense to their circumstances.
Impaired faculties
While police can arrest a driverif their BAC is beyond the legal limit, they can also be arrested if the officer determines that their faculties are impaired. There are various ways in which this can be assessed.
If, for example, the driver was operating the vehicle in an erratic and reckless way and that led to the traffic stop, the officer will look for signs that the driver is impaired. The driver might have run a stop sign or red light. They could have violated a basic road rule like failing to yield. That does not automatically mean the officer suspected the driver was intoxicated, but it could be an indicator.
Field sobriety tests such as the walk-and-turn test can be used to assess intoxication. The driver might also show signs such as slurred speech, bloodshot eyes, and the smell of alcohol.
The breathalyzer test is used to see how much alcohol the driver has in their system, but just because it is lower than 0.08% does not mean they are free to leave. In these instances, drivers who are charged with drunk driving despite having a BAC below the legal limit should be aware of how to challenge the evidence that was used to justify the arrest.
Alcohol impacts people in different ways. Someone who has below the legal limit in their system might not feel any effect at all. Others might show significant signs of intoxication. Law enforcement can make a drunk driving arrest based on their observation and not just the BAC. However, that also presents options for the driver to challenge the evidence. Those who are arrested for DWI should be aware of their rights and have help in formulating a viable defense to try and avoid the worst penalties.