What Is The Legal Alcohol Limit in Texas?
If you are at least 21 years of age, it is not illegal to drink and drive in Texas—yet it is illegal to drink above the legal limit and drive. But what is the legal alcohol limit? Where is the line?
A quick Internet search will tell you that if your blood alcohol concentration (BAC) level is .08 or above, you’ve surpassed the legal limit to drive or operate a motor vehicle. You are legally intoxicated. However, most people actually have no idea how to estimate their BAC. Do you?
In this article, the criminal defense experts at Chris Perri Law in Austin are going to break down the facts so you are more informed about the legal alcohol limit in Texas:
What is blood alcohol concentration?
First off, let’s explain the terminology. Blood alcohol concentration (BAC) refers to the amount of alcohol in someone’s blood. For example, a .10 BAC means that there are .10 grams of alcohol per 100 milliliters of that person’s blood. While that may not sound like much alcohol, keep in mind that a BAC of .30 or more could be lethal.
What factors determine my BAC?
How many drinks you had
Over how long a period of time you were drinking
How much time has passed since you consumed the alcohol
Your weight
Your biological sex
Certain medications
How much you’ve had to eat
Can I calculate my own BAC?
Unless you can draw your own blood, you cannot calculate your exact BAC. However, this chart offers a rough estimate of alcohol levels, depending on a person’s size:
Obviously, the chart is somewhat flawed, as it does not account for all factors, but it can give you a rough idea. For instance, the average man weighs about 200 pounds. A man of that size could probably drink about three drinks—over three hours—and drive home under the Texas legal alcohol limit.
Of course, other factors, such as medications he takes and how much food he has eaten, could sway his BAC.
It’s also worth noting that not all drinks are created equal. For instance, the average 12 ounce beer is about 4.5% alcohol, while a 5 ounce glass of wine is closer to 12%. A shot of liquor is around 40% alcohol. But these vary wildly -- some beers have less alcohol, some have much more.
Be aware of the type of drinks you are consuming, and keep this in mind when ordering those cocktails at happy hour.
There are also handy BAC calculators online where you can enter your personal information, such as this one at alcohol.org. Remember, these calculators and charts are just best guesses of your alcohol intoxication level—they are not guarantees.
How do the police calculate my BAC?
There are two ways a police officer can gather BAC evidence: breath and blood tests.
If a cop pulls you over for a DWI investigation in Austin, they’ll likely ask you to blow into a breath test machine they have on hand, such as a breathalyzer. You have the right to say no and you probably should. These machines are less reliable thank you think, and even trace amounts of alcohol, such as those found in kombucha or mouthwash, can set them off.
To read more about your rights when pulled over for DWI in Austin, click here.
If you refuse to blow, the police officer may get a warrant to test your blood. If they do, you’ll be taken to a police station where trained personnel will obtain a blood sample—by drawing your blood—with or without your consent. Blood samples tend to be more accurate than breath tests at measuring a person’s BAC.
BAC isn’t everything. Even if your BAC is below .08, you could still get arrested for a DWI or DUI.
To be charged with Driving While Intoxicated in Travis County, a police officer must believe you to be intoxicated.
The Texas Penal Code defines intoxication as:
“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
Having an alcohol concentration of .08 or more.”
In order to assess if you have the normal use of your faculties, police officers will try to get you to undergo field sobriety tests. These tests are extremely challenging, even when sober, and more often than not lead to DWI arrests. For suggestions on what to do if you’ve been pulled over after drinking, click here.
No matter the specifics of your case, a proven DWI lawyer in Austin like Chris Perri can help.
If you’ve been arrested for a DWI in Travis County or a surrounding county such as Hays, Williamson, Burnet or Bastrop, don’t despair. Even if the prosecution has evidence of your BAC, the fight isn’t over. A proven criminal defense lawyer can help.
With over 20 years of experience, award-winning DWI attorney, Chris Perri, will fight zealously for the best possible outcome on your case. He’s helped countless clients avoid convictionsand get their lives back on track, and he can help you, too.
For a FREE consultation, contact Chris Perri at (512) 269-0260 or www.chrisperrilaw.com today.