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Can I Get A DUI In Texas With A BAC Under .08?

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 people know that the legal limit in Texas is .08, they do not know that you can get arrested for DUI with a Blood Alcohol Content or 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 defined as:

  • 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.  It is a difficult legal area that usually requires the officer show additional evidence that a driver was impaired, such as a failed field sobriety test.

How Was Alex Jones Charged with DWI with a BAC Under .08?

DUI Under .08

One such example is the arrest of Infowars founder Alex Jones. Mr. Jones admittedly drank half a bottle of sake at dinner with his wife prior to being pulled over, which equates to about a glass and 1/2 of wine.  He was given field sobriety testing and failed parts of the one leg stand and the walk and turn test according to the affidavit. When tested, he admittedly registered a .076 and a .079 BAC which is below the .08 threshold.  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. 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


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