In Texas driving while intoxicated (DWI) means driving drunk. The state uses your blood alcohol concentration (BAC) to determine whether you’re too intoxicated to operate a motor vehicle.
Alcohol can affect you in many ways based upon anything from the number of drinks you’ve had to your how much you weigh, and even your gender.
BAC limits in the State of Texas are as follows:
- 21 years old or older: 0.08%
- Commercial drivers: 0.04%
- Younger than 21 years old: Any detectable amount.
Most DWI crimes are related to your BAC when operating a motor vehicle but officers can arrest you for other alcohol-related crimes involving your vehicle.
Did you know it is illegal to have an open container of alcohol in the passenger area of your vehicle if you’re driving or parked on a public highway? An open container violation is a Class C misdemeanor and can result in a maximum $500 fine. If, however if you’re arrested for DWI AND open container, you will be charged with a Class B misdemeanor which comes with a minimum of 6 days in jail.
Did you know all drivers in Texas are subject to implied consent meaning if you drive you have implied your consent to a chemical test if a law enforcement officer suspects you are drunk or otherwise impaired. Failing or refusing to take a chemical test can result in 180 days in jail and Administrative License Revocation (ALR). This is a type of license suspension that is unrelated to your criminal DWI penalties. ALR carries specific penalties for refusing or failing chemical tests.
Don’t take the law into your own hands! Texas DWI laws are confusing; DWI attorney Matt Alford has many years of experience navigating the tangled DWI laws in Texas. Call Matt Alford Law Firm in Houston, Texas today at 713-224-6666. to keep your Driver’s License, save yourself possible jail time and avoid an overabundance of State fines and surcharges.