Can I Get Arrested for DWI if My BAC Was Under .08?

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 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.

Contact a Tarrant County DWI lawyer from the Law Offices of Jeff C. Kennedy. We offer clients a free initial consultation, so call 817-605-1010 or complete our contact form below.


Jeff C. Kennedy was the light of hope at the end of very dark storm. He was not only able to defend my case swiftly, but had the alleged charges dismissed completely. His calm and empathetic demeanor offered emotional succor to myself and those I care about most. My children and I are eternally grateful for his excellent service and I hereby recommend Jeff C. Kennedy without reservation.


Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.


I hired Mr. Jeff Kennedy to handle a DWI charge. From day one, I knew I had picked the right attorney. Jeff always took the time to answer any of my questions, treated me very professionally, and truly cared about my case. I have never been in any kind of trouble before and I was very nervous about the thought of going to trial. Jeff thoroughly explained the entire process to me and made me feel at ease. Jeff took my case to trial and the jury found me NOT GUILTY!


Jeff Kennedy is a professional, intelligent, easy-to-talk-to lawyer with an excellent understanding of how the system works. Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car. This has been my only big mistake in life so far (hopefully the last) and I am glad he was there to walk me through it. You will not regret hiring him.

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Texas 76010
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