BAC Below .08

Were you charged with a DUI or DWI? Wondering how a BAC below .08 affects you in San Antonio? Watch this video and check out our DWI educational legal resources. Free consultations.

Question: Can You Get a DWI if Your BAC is Under .08%?

Answer:

In Texas, you can be charged with a DWI if your breath or blood is under .08. There are numerous ways that can happen, but really what it comes down to is if you appear intoxicated, regardless of what the breath test or what the blood test result is, you can be charged with a DWI. It can happen when someone is really susceptible to the alcohol.
BAC Below .08
It can happen if you’re mixing drugs, whether prescription or some other narcotic. If you’re mixing that with alcohol, it can enhance the effect. Ultimately, what it comes down to, if you’re under .08, but there’s a video tape and the video tape shows somebody who appears obviously intoxicated, there’s a good chance that they will still maintain the charge against you, even if you’re under a .08.


Were you or a loved one arrested for drunk driving and have questions about being arrested for a BAC below .08 ? Contact a San Antonio DWI attorney at Rush & Gransee today for a consultation on your case and all of your potential defenses. Let our experience work for you.

Attorney Kurt W. Gransee has achieved the highest rating of superb on Avvo.
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Successful Case Defending DUI

Paul M. – The defendant was stopped for going 7 mph over speed limit and weaving.  Defendant was a vet with a previous head injury.  The defendant blew into the intoxilyzer and registered a .08.  The court granted a motion to suppress and the case was thrown out.