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
- under .08 at the time of driving, or
- at .08 or greater at the time of driving, or
- 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.