fbpx
Menu
24/7 FREE CONSULTATION

Is it .08 or more when I drive or .08 or more at the time I’m tested, or both, that will make me guilty of DWI?

Our DWI law in Texas requires the prosecution to prove that you were .08 BAC or blood alcohol content at the time of driving in order to convict you. 

A subsequent breath or blood test can yield three possibilities in relationship to the time of driving. The test may show that the driver was

    1. under .08 at the time of driving, or
    2. at .08 or greater at the time of driving, or
    3. at the same BAC at the time of driving.

Said another way, a subsequent BAC test is not conclusive proof of a BAC at the time of driving. 

This is because a jury can refuse to believe a BAC test result.

TELL US ABOUT YOUR CASE

You're Just One Step Away!

Form Submissions have a fast response time. Our attorneys are always on-call 24/7. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

MENU