Can I blow a under the legal limit and still get a DWI.

How it’s possible to be accused of DWI AND be under the legal limit.

We all know the legal limit is .08% as registered per breath or blood test, but urban legend says that some people have been arrested for a lesser BAC concentration, these lesser concentrations of BAC attribute to a small number of arrest, but we see them in the office from time to time and wanted to disseminate what we know.

Driving while not using whats considered normal physical or mental facilities while driving.

The officer has more discretion in regard to making an arrest for the DWI than you might think if they find a driver impaired in a noticeable way they have the authority to make arrest in order to prevent the driver from driving. No matter your results, from the test, extreme tailgating, reckless driving or deliberate running of traffic signals can all be indicators of impairment.

A driver measuring and admitting to only have one libation, but displaying the single drink is getting the best of him by interfering with judgment is at risk of being arrested despite only having a single drink and being under the legal limit.


Borderline BAC test.

Commerical limits for drunk driving are lower at .04, commercial drivers are expected to operate at a higher standard because of the added responsibility entrusted to them. Commercial drivers haul hazardous loads, and logic dictates that if someone is exhibiting poor judgment in one area, what’s to say the poor judgment isn’t being demonstrated in other areas? For these reasons a commercial driver even showing the slightest signs of impairment are given DWI’s, its considered a betrayal of public trust.

If an officer has a reasonable cause for suspecting the driver was over the limit at any point, for example, a man blows a .07 but states he was drinking at a bar over an hour away, the officer has the right to make the arrest and let the courts sort out the details.

Law enforcement assumes across all people that BAC drops by.015 every hour a person doesn’t drink, so a good DWI attorney will know the details of how to argue the specifics about this.



Zero tolerance


If a driver is under 21, the State of Texas had zero tolerance, any result over O.0 means they are legally intoxicated and can be arrested for DWI, this also applies to drugs, the under 21-year-old’s mind is not sufficiently developed in terms of judgment, so any judgment reducing activities such as drinking are seen as more than they can handle, because for a minor to be drinking it requires the breaking of at least two laws at the same time, many legal defences exist for such situations an experienced attorney will be able to present on your behalf.


Driving while unable to use your normal mental or physical abilities

As previously stated, Officers have more authority to use their judgment than normally known by the public, if the driver is clearly impaired, or driving recklessly, the officer has the ability to arrest them, even things like not slowing down for corners or changing lanes without the use of a signal can lead to DWI arrest.


It is our precise legal opinion that it’s simply not worth it to drive with alcohol in your system.

The system works against the driver in so many ways, that unless you are SOBER, we do not think the risk outweighs the reward, sleep in your car with the keys on the tire, call a friend or just wait. Many nights have ended in disaster from not being willing to do these things, however, if you find your self in this situation, look for a lawyer that will fight for your rights, so that you can have a life after DWI.

Contact us if you have any questions 936-441-2999 Montgomery County criminal attorney

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