Can You Be Charged With DWI in Texas If You Were Under the Legal Alcohol Limit?

A driver may assume that an alcohol concentration below 0.08 means a DWI charge is impossible. Texas law, however, allows prosecutors to establish intoxication without proving that a person exceeded the statutory alcohol concentration threshold. A driver may face charges when police allege that alcohol or another substance caused the loss of normal mental or physical faculties. At The Law Office of Alex Tyra, P.C., we help East Texas drivers understand how these cases are prosecuted and defended.

The Two Definitions of Intoxication

Under Texas Penal Code § 49.01, intoxication can be established through an alcohol concentration of 0.08 or more or through the loss of normal mental or physical faculties because of a qualifying substance.

Therefore, a reported alcohol concentration of 0.06 or 0.07 does not automatically prevent prosecution.

However, the state must still prove intoxication beyond a reasonable doubt. Merely detecting alcohol does not establish that the driver lost the normal use of their faculties.

Evaluating Evidence of Impairment

Prosecutors may rely on driving behavior, officer observations, field sobriety exercises, and recorded statements.

We examine whether those observations establish actual impairment or whether other circumstances provide reasonable explanations.

Fatigue, anxiety, medical conditions, and physical limitations may be relevant to the analysis.

The Timing of Chemical Testing

A chemical test taken after driving may not perfectly reflect the person’s condition while operating the vehicle.

We review the timing of the test and other relevant evidence to determine whether the prosecution’s interpretation is supported.

Call The Law Office of Alex Tyra, P.C. for Your Free Consultation

If you were charged with DWI despite an alcohol concentration below 0.08, call The Law Office of Alex Tyra, P.C. at (903) 753-7499 for your free consultation.