San Antonio Lawyers / Blood Alcohol Content

Blood Alcohol Content

Were you charged with a DWI? Wondering how blood alcohol content affects you? Watch this video, then call our San Antonio DWI Lawyer for a free consultation.

Question: What’s the B.A.C. limit in Texas?


In Texas, a .08 is kind of a threshold for blood alcohol content. A lot of people over the years have come in and said, “I took the breath test and my breath test result was a .08, I guess I’m guilty.” Well, the fact is, you’re not. What happens with that breath test is that is the result when you took the test. The law is, what is your result when you were driving? Blood Alcohol Content Very often, the breath test occurred an hour after you were driving. In probably most cases, people’s blood-alcohol level is going up during that period from the stop to when they took the test. If your blood level is going up after you’re driving, then when you’re driving it was lower. In fact, most experts will say that your blood-alcohol level can vary by.03, within an hour. If someone blew a .09, well, it’s obvious that they could’ve been under the legal limit when they were driving. A .08 doesn’t mean you’re automatically intoxicated, and doesn’t mean you’ll automatically be found guilty.

There is a second prong to DWI. The second prong is that they can also prove you were intoxicated by loss of normal, mental or physical factors. What ends up happening is there’s a video in most cases of somebody there at the scene, or of the defendant, and if you look good on the video, it’s a real strong argument that at the time you were driving, you were under the legal limit. We have to look at all the facts to see if the argument works, that when you were driving you were under the legal limit.

Were you or a loved one arrested for drunk driving and have questions about the blood alcohol content limit in Texas? 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. Read Our FREE DWI Guide

Successful Case Defending Class A DWI

Connor R. Defendant was stopped for driving at night without the car’s headlights being on.  After failing the field sobriety tests the defendant was given a blood test which indicated a blood alcohol content over .15.  The defendant was charged with a Class A DWI, “extreme intoxication”.  Ultimately, we were able to get the Class A DWI reduced to Class B “Obstruction of a Highway”.  The Defendant was also given deferred adjudication that will allow the sealing of the record.