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 knowing that any amount of alcohol consumption followed by driving can lead to big trouble.
Many of our clients ask us whether they can get arrested for DWI if their blood alcohol content (BAC) was under .08. Yes, you can. Driving while intoxicated (DWI) is when a person is in a diminished mental or physical state while driving due to the introduction of drugs or alcohol into the body.
As long as an arresting officer believes you’re impaired, you can be arrested for DWI. 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.
After You’ve Been Pulled Over for Drunk Driving
If you’ve never been arrested for drunk driving, you may not know what the process is like. After you’re pulled over for whatever reason and the officer concludes that you’ve been drinking, you’ll likely be given a series of field sobriety tests designed to check 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 either a breath test or blood test to check your BAC. Then, you can be taken to jail and charged with a DWI.
If you decide to refuse the breath or blood tests, you will have violated the implied consent law, and your refusal will likely be held against you in court. If you’re convicted of DWI, penalties will vary but can include fines, drivers license suspension, and jail or prison time.
Get in Touch with a Texas DWI Attorney
If you’re wondering whether you can get arrested for a DWI if your BAC was under .08, chances are that you need a lawyer. You shouldn’t roll the dice with your future—the consequences are far too severe.