Legal Limit In Texas

Texas DWI Charges
How Much is Too Much?

Driving While Intoxicated
It is important to remember alcohol tolerance varies widely between persons. Impairment begins with the first drink. The number of drinks consumed, combined with body weight, gender and the quantity of food in one's stomach determine the body's ability to handle alcohol. Generally, women, younger people and those with smaller statures whether male or female, have lower tolerances.

The legal limit for intoxication in Texas is .08 blood alcohol concentration (BAC). However, Texas has a zero tolerance law. Drivers can be stopped and cited for impaired driving from alcohol or other drugs no matter what their BAC may be. For anyone under the age of 21 it is unlawful to drive having consumed any detectable amount of alcohol.

If you are stopped for DWI you will most likely be asked by a law enforcement officer to take a blood or breath test to measure the amount of alcohol in your system. It is important to note that if you refuse, your driver’s license may be suspended for 180-days. Punishment for DWI varies depending on the number of times you are convicted.

There are two ways a person may be considered legally intoxicated and found guilty of DWI charge in Texas.

A person may be considered legally intoxicated if operating a motor vehicle on a public street while:

1. Not having the normal use of MENTAL or PHYSICAL faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

2. Having a blood alcohol concentration (BAC) of .08 or more.
The .08 blood alcohol concentration definition applies only to cases where the person arrested has taken a breath, blood or urine test. The breath test is the most common test administered. If the person arrested did not take one of the tests then it is up to the prosecution to prove the person did not have the normal use of his/her mental or physical faculties from either drinking alcohol or doing drugs or a combination of both. The prosecution is limited to presenting evidence based on the ingesting of alcohol only, unless there is evidence or good reason to believe the person may have lost the normal use of his/her faculties from another type of drug.

People will often times tell police when they are arrested that they have taken a prescription drug, mistakenly thinking this will help their case. It is important to remember that you can be found guilty of a DWI if the prescription is the type of drug that can impair your mental or physical faculties. The prosecution will attempt to prove intoxication by drugs having a chemist testify at trial about the effects the alleged drugs (or combined effect of alcohol and drugs) can have on a person. It will then be up to the jury to decide if the person lost the normal use of his/her faculties from taking the prescription drugs.

If you are arrested for Driving While Intoxicated (DWI), contact our office as soon as possible. We have a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. Anthony Cantrell also can advise you or your family or friends on the bail process.

The Law Offices of Anthony Cantrell provide a Bail Bond Service to our clients. This is extremely helpful because a bail bondsman has no way to negotiate the amount of bail set at your hearing. As your attorney, we can petition the court to set a lower bail so that you get more than just bail, you get a built in negotiator on your behalf for lower bail. We are available 24 hours a day – seven days a week if you need these services.

We offer:
• Certification by the Texas Board of Legal Specialization in Criminal Law
• Proven track record of successes
• Emergency hearings and bail bond service 24 hours a day - 7 days a week
• Free initial consultations
• Affordable fees in writing
• Personal care and attention by an experienced Texas lawyer

Located in San Antonio we aggressively represent clients charged with crimes in Central and South Texas. Contact our office today.