A DWI conviction requires key elements are proven beyond a reasonable doubt. As a result,…
Can I Get a DUI in Texas with a BAC Under .08?
The term “Don’t Mess With Texas” also applies to driving under the influence – just ask Alex Jones of InfoWars. While most know the BAC limit is .08, they do not know that you can get arrested for a BAC under .08. The truth is, the standard for intoxication in Texas is more than just a .08 BAC.
Duel Definition of Intoxication in Texas
In Texas Penal Code Section 49.04. Intoxicated is:
- 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
- having a blood alcohol concentration of 0.08 or more.
What this means for any potential, drunk driver is that Texas police have the discretionary authority to charge any driver who appears to be under the influence of alcohol or drugs with DUI, even if their BAC is well below .08.
Charged with DWI with a BAC Under .08?
One such example is the arrest of Infowars founder Alex Jones. Mr. Jones admittedly drank half a bottle of sake at dinner. This equates to a glass and 1/2 of wine. When given field sobriety tests, and failed (according to the affidavit) the one leg stand and the walk and turn. When breath tested, he registered a .076 and a .079 BAC. Whatever you may think of the reliability of field sobriety tests, the dual nature of a DWI definition, as well as Alex Jones’ ‘failing’ the field sobriety tests were enough for the arresting office to charge him with DUI.
Hire a DWI Lawyer
Alex Jones has hired a DWI attorney and is fully confident he will get the charges dismissed. If his lawyer is a good one, he’ll surely check if Alex is still on the keto diet he started back in 2018 as part of is DWI defense. However, at the time of writing, he is still charged and is subject to both the penalties and consequences of a first-offense DWI in Texas.
A DUI Under .08 is Not a Conspiracy
Its actually more common than you think, and just not in the case of Commercial Driver’s License (CDL) holders (who have a .04 BAC limit) or minors (who have zero-tolerance rules for DUIA). That’s why it’s important to have a proven Houston DWI lawyer who knows the ins and outs of DWI defense. If you’ve been charged with a DWI, either above .08 BAC or below, contact Clyde w. Burleson, P.C. at 713-628-1503