By Jeff Kennedy
Can I Get Arrested for DWI if My BAC Was Under .08?
One or two beers seemed like no big deal, and you probably felt fine, so you decided to drive home, not realizing your BAC level could be above the legal limit, which can lead to big trouble.
Many ask us if they can get arrested for DWI if their blood alcohol content (BAC) was under .08. Unfortunately, Driving while intoxicated (DWI) occurs when a Texan decides to drive while intoxicated by drugs and alcohol, with a diminished mental or physical state.
- Example 2 Below or Above .08:: As long as the arresting officer believes you are impaired while behind the wheel, you can be arrested for a DWI.
- Example 2 Above .08: Conversely, if you’re over the legal limit of .08, you can be arrested for DWI even if you aren’t showing signs of impairment.
How A Police Officer Gauges If You Are Impaired While Driving.
If you have been pulled over, and the officer believes you have been drinking, he will probably have you take a series of field sobriety tests, which are designed to test your physical and mental faculties.
If you fail these tests, the officer will give you a breath test or take you to the police station to give you another breath test or blood test to verify your BAC. Afterwards, you will be taken to jail.
If you decide to refuse the breath or blood tests, you will have violated the implied consent law. Unfortunately, this will be held against you in court.
If you end up with a DWI conviction, your punishment and penalties will be fines, drivers license suspension, and jail or prison time.
Get in Touch with a DWI Attorney
Do not roll the dice with your future—the consequences are far too severe. We can help you fight back and avoid the consequences of a DWI conviction, and criminal record.
Contact our Tarrant County DWI lawyer Jeff C. Kennedy and request a free consultation to review your case.
Call us at 817-605-1010 or complete our contact form above.