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Impaired driving ability isn’t necessary for a Texas DWI

On Behalf of | Jun 2, 2023 | DUI/DWI/Drunk Driving

A driving while intoxicated (DWI) offense is the technical term for criminal charges related to drunk driving in Texas. After an officer arrests someone for being over the legal limit or for being under the influence of drugs, a DWI charge is what they will typically face.

People often assume that they don’t have to worry about getting arrested for a DWI as long as they can handle their alcohol well. Having a high alcohol tolerance can mean that someone consumes a significant amount and doesn’t seem drunk to the average person. Those who drink frequently and who have developed a high tolerance often mistakenly believe that they can avoid detection and prosecution for DWI in Texas. However, anyone over the legal limit is at risk of arrest, even if they are confident in their driving abilities.

Just being over the limit can lead to charges

man stopped for dui

The state can charge someone who has not exceeded the legal limit if they admit to drinking and it has obviously affected their ability at the wheel. Texas prosecutors can also bring charges and situations where they know that someone’s driving seemed normal but they were over the legal limit. Texas has a per se blood alcohol limit.

This law explicitly makes it a criminal offense to drive a vehicle while over the legal limit, regardless of any other factors. It is therefore a crime to be over that limit even if someone never displays reduced ability at the wheel. A failed breath or blood test showing that someone has exceeded the state per se limit based on their license type could very well lead to an arrest and criminal prosecution.

Those who fail tests still have defense options

It is possible for someone to fight back against a DWI that results from a violation of the per se blood alcohol limit. After all, if there were no signs of impairment, and the only real evidence that a crime occurred would be the chemical test.

Raising questions about the accuracy of the test or the legality of the traffic stop could help someone develop a defense strategy for Texas DWI charges after seeking broader legal guidance.