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.


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