When talking about the “legal limit,” it is a reference to someone’s blood alcohol concentration (BAC) while they are driving. A legal limit has been established and a driver who breaks this limit is presumed to be impaired behind the wheel.
This is an important distinction. A person can be arrested for impaired driving even when they are below the legal limit, but there needs to be other evidence of impairment. If they break the limit, that is all that is necessary.
Not everyone has the same limit
For the majority of drivers in Texas, the legal limit is a BAC of 0.08%. This is what the average person thinks of first. Most DWI arrests involve drivers who have exceeded this limit, and an exceptionally high BAC – 0.15% or more – could lead to enhanced charges for an aggravated DWI.
However, commercial drivers have a lower legal limit. Someone with a commercial driver’s license could face DWI charges with a BAC of 0.04%, or half of the limit that is imposed on most drivers.
Furthermore, Texas uses zero-tolerance BAC laws for underage drivers. If someone is still under 21 years old, they can not legally purchase or consume alcohol to begin with, so their BAC limit is 0.00%. Even a fraction of a drink could put them over this limit.
DWI convictions can have serious ramifications, such as a driver’s license suspension, fines and fees, and jail time. If you are facing charges, you need to know about all of the legal defense options that you have at your disposal.