The answer is yes.

It is a common misconception that even after having a few drinks if you blow below 0.08% (the legal limit) on a breath test, you cannot and will not be prosecuted or arrested for driving while intoxicated. Sometimes police officers reserve the right to arrest you under reasonable drunk driving suspicion despite your chemical test results. These cases can include violations of commercial driving and zero-tolerance laws. If this is your case, please continue reading this article to learn more about DWI laws and the importance of hiring a skilled Fort Worth DWI defense attorney.

Understanding Texas Driving While Intoxicated Laws

According to the Texas Department of Transportation, one person is killed or injured in an accident involving alcohol every twenty minutes in Texas. You commit a DWI offense when you operate your car in a public space while drunk.

As far as Texas DWI laws are concerned, intoxicated means:

  • having a blood alcohol concentration (BAC) greater than the legal limit of 0.08%, or
  • not having the normal use of physical or mental abilities after drinking alcohol or taking drugs

Please note that even if your blood alcohol concentration is below the legal limit, you can be drunk if your physical or mental abilities are impaired. The arresting law enforcer can determine impairment through a field sobriety test alongside a preliminary breath test (PBT) that measures BAC in your breath samples.

A PBT is a handheld portable device that measures the amount of alcohol in a suspect’s breath. Since a PBT is known to be unreliable and inaccurate, PBT test results are inadmissible as evidence. However, they are used because they indicate that you could be drunk and that further testing could be necessary.

Police use FSTs to enforce DWI laws, usually after a motorist fails a PBT. Typically, law enforcers perform three field sobriety tests following a DWI stop, provided there is reasonable suspicion that the driver could be intoxicated or impaired. The tests permit the police to observe the motorist’s attention level, physical ability, and balance, among other factors.

The National Highway Traffic and Safety Administration endorses the following standardized FSTs:

  • Horizontal Gaze Nystagmus — Involuntary eye jerking happens when your eye gazes to different sides. Typically, the jerking is embroidered when a person is drunk. Police look for eye-jerking with 45 degrees of center, eye jerking when the eye is at its maximum deviation, and inability to follow a moving substance smoothly.
  • One-Leg Stand — Typically, drivers must stand using one foot approximately six (6) inches off the ground and count for thirty seconds. Putting your foot down, swaying while balancing, hopping, or using your arms to balance can indicate impairment.
  • Walk and Turn — The test tests the driver’s ability to perform tasks with divided attention. It requires the motorist to take nine (9) steps, heel-to-toe, along a straight line; turn on one foot, and then return in the same way in the opposite direction.

Please note that you can be arrested and charged with driving while intoxicated even if your blood alcohol concentration does not exceed the legal limit.

You can be charged with the crime if you lack the normal use of physical and mental faculties. Nevertheless, what constitutes normal physical and mental faculties vary from one driver to the other. Consequently, you may not be impaired even when the police believe they noticed symptoms of intoxication like:

  • Slurred or slow speech
  • Irrational conduct
  • Aggressive or combative conduct
  • Disorientation
  • Confusion
  • Flushed face
  • Alcoholic odor
  • Imbalance
  • Memory challenges
  • Tripping
  • Bloodshot or watery eyes

Other situations where blowing below 0.08% can still result in driving while intoxicated charges include:

  • An incorrect breathalyzer
  • Texas is a zero-tolerance state
  • The arresting police officer has probable cause to believe that you are under the influence of drugs or alcohol.
  • Commercial motorists have a lower blood alcohol concentration than other drivers.

Probable Cause

In 2014, Texas courts held that the implied consent law was unconstitutional. Under the law, any motorist who got behind the wheel was presumed to have agreed to chemical testing if stopped for driving while intoxicated. Therefore, police officers could force people to submit the chemical tests to gather evidence regardless of whether the drivers objected. The court held that the practice violated the 4th Amendment to the U.S. Constitution and the driver’s entitlement to be free from unreasonable search.

Today, a driver can refuse chemical testing. However, law enforcers can obtain blood samples with a search warrant. The warrant request should be based on probable cause and explain to the magistrate why the officers believe you are drunk. A search warrant will only be issued when law enforcers present strong evidence that it is reasonable to believe you are drunk.

Generally, probable cause is based on objective evaluations of the case facts and circumstances like:

  • Breaking traffic laws — A sober driver should be able to understand and comply with the traffic laws. If a law enforcer sees you speeding, violating another traffic law, or rolling through a stop sign, they can use the information to support probable cause. Nevertheless, this factor alone is insufficient to support the arrest.
  • An alcoholic odor from your car can suggest that you have been drinking alcohol.
  • Alcohol, paraphernalia, or drugs in plain view —If law enforcers view these items during a traffic stop, they will use it as proof to support the probable cause and a DWI arrest.
  • Police can use physical characteristics and behavior like confusion, slurred speech, lack of coordination, and inability to maintain eye contact to support probable cause.
  • Additionally, law enforcers will assess your conduct and attitude when interacting with you during the stop. Normally, officers are inclined to believe that you are drunk if you are uncooperative, hostile, or belligerent.
  • Refusal to submit to FSTs — While you do not need to agree to perform FSTs, police officers can use that fact to support probable cause. Moreover, taking and failing your FST can be used against you.

Zero-Tolerance Law

Zero tolerance law makes it a crime for a minor below 21 to drive a car with any amount of alcohol in their system.

A minor child arrested while driving with any amount of alcohol in their bloodstream consents to submit to chemical testing under implied consent law. The blood or breath samples are examined to determine the BAC level or the presence of controlled substances or drugs in the body.

If any alcohol is detected, the Texas Department of Public Safety will suspend your driving privileges for:

  • Sixty days for the first crime
  • Four months after committing the second-time DWI crime
  • Six months after committing a third or subsequent crime

You can request an administrative hearing with the Administrative Law Judge to fight the charges against you. Some valid defenses include a lack of probable cause and no detectable alcohol in your body.

Refusing to submit to chemical testing can also result in driver’s license suspension. A first-time refusal can lead to withdrawal of driving privileges for 180 days. On the other hand, a second or subsequent refusal attracts a two-year driver’s license suspension.

Criminal Penalties

The penalties depend on factors like your criminal history, BAC level, and criminal history.

Texas DUI laws apply to minors. The prosecutors should prove that you were operating your car with alcohol in your bloodstream. Nevertheless, if you are charged with DWI, the prosecutor should verify that you were drunk or your BAC was higher than 0.08%. 

A minor below 17 faces the following penalties:

  • A first-time crime is a Class C misdemeanor. It is punishable by $500 in fines and performing community service for 20-50 hours. You and your parents must attend a mandatory alcohol awareness course.
  • A second-time offense is a Class C Misdemeanor. It carries a fine of $500, attending an alcohol awareness course, and 20-40 hours of community service.
  • A third-time offense (juvenile conduct by a minor between 10 and 17 years) carries performing community service for 40-60 hours, $500 in fines, and suspension of a driver’s license for up to two years.

If you are charged with DWI and between 17 and 21, you will face the following penalties:

  • A first offense is a Class B Misdemeanor that carries up to $2,000 in fines, serving a jail sentence for up to six months and a one-year driver’s license suspension. However, the driver’s license suspension can be reduced to ninety days if the judge orders the installation of an ignition interlock device and community supervision.
  • A second-time DWI offense is a Class A Misdemeanor. It attracts maximum penalties like $4,000 in fine, a year in jail, and withdrawal of driving privileges for 18 months.
  • A third-time or subsequent DWI crime carries fines of $10,000, up to ten years of incarceration, and a two-year driver’s license suspension.

Commercial Drivers

Federal Motor Carrier Safety Administration (FMCSA) regulations and Texas law apply when a motorist with a commercial driver’s license is charged with DWI in a commercial vehicle. While the legal limit for civilian drivers is 0.08%, a CDL holder should not operate their car with a BAC that exceeds 0.04%. In other words, it is easier to face DWI charges when operating a commercial vehicle than a personal motor vehicle.

A first-time crime is a Class B misdemeanor. A conviction carries the following penalties:

  • A six-month jail sentence
  • A maximum fine of $2,000
  • Compulsory enrolment in an alcohol awareness program
  • Suspension of the CDL for a year
  • Community service
  • Probation

Penalties enhance significantly with every subsequent driving while intoxicated conviction. For instance, the Texas Department of Public Safety (TxDPS) will disqualify a commercial driver’s license for life if facing a second-time conviction.

Fighting Your Driving While Intoxicated Criminal Charges

If you have been charged with a DWI, you could be desperately seeking answers on how to beat your criminal charges. The cuffs went on, you were arrested, and things started to look hopeless. You might have thought that your life is ruined, but that is what the police officers want you to think.

Fort Worth DWI Defense Lawyer can help you beat your charges. Depending on your case circumstances, there are several strategies we can use to make a difference in the case.

Innocent Explanation of Physical Intoxication Signs

Being pulled over by law enforcers can be an intimidating and stressful experience. That is why an individual can have an inconsistent speed, a flushed face, panic, or behave irrationally.

And even if you have been drinking, these symptoms do not indicate that you were driving while intoxicated. Innocent explanations like allergies, the sun, fatigue, diseases, or the sun can explain signs linked to DWI.

Consequently, it is essential to consult with a proficient defense attorney to assist you in establishing that your FSTs performance cannot be admissible as proof of your DWI.

Bad Driving Does Not Always Mean Driving While Intoxicated

While law enforcers think that all bad motorists must be driving under the influence, that is not always the case. Sometimes distraction or inattention can cause erratic driving, weaving, or speeding.

Probably you were:

  • Drinking or eating
  • Navigating GPS on your phone
  • Adjusting your stereo
  • Picking up an object that had fallen down
  • Distracted by passengers
  • Tending to a child

Typically, sober drivers exhibit bad driving the same way as drunk motorists. Therefore, you can raise a legal defense around this reality, and most judges can relate to it.

Lack of Probable Cause for the Arrest

In Fort Worth, police should have probable cause to administer a breath test or make a DWI arrest. Any evidence collected when the police do not have probable cause should be suppressed. That means your defense lawyer can stop that evidence from being used against you. Without solid evidence, the prosecution team can be forced to drop the DWI criminal charges.

However, it is worth noting that you can still face DWI administrative penalties like installing an ignition interlock device and driver’s license suspension. An experienced defense lawyer can help you navigate administrative and criminal DWI aspects.

Inaccuracy in FSTs

Even the most reliable FSTs are not correct indicators of impairment. The National Highway Traffic Safety Administration (NHTSA) endorsed tests are about 65% to 77% accurate at detecting impairment provided the police precisely administer them.

Innocent explanations for physical symptoms of intoxication can explain poor FSTs performance. Other factors that can cause a sober person to fail their FSTs include:

  • Bad weather conditions
  • Police intimidation
  • Uneven surface
  • Awkward footwear like dress shoes, heels, or boots
  • Poor lighting

Importance of Legal Representation

It can be challenging for a person without legal training or experience to assess the strengths and weaknesses of their DWI case. DWI laws are constantly changing and complicated, and every criminal case is unique. Therefore, seeking experienced legal representation is essential.

Most seasoned Fort Worth DWI defense lawyers offer a free initial consultation. Ensure you carry essential case documents like a police report to your consultation. It is also wise to bring your list of questions.

Generally, the prosecutor will give you a plea offer, especially if it is your first DWI charge and there are no aggravating factors. While the offer might seem appealing, you must understand that the prosecutor is not your friend and does not have your best interests at heart. An experienced attorney will whittle down the offer by bringing mitigating factors to the prosecution’s attention or highlighting gaps in the case against you. Your lawyer’s familiarity with the criminal justice system can help negotiate.

While you can be hesitant to retain a lawyer due to hefty legal fees, an attorney is adept at navigating the Texas legal process effectively, resulting in less court time and a shorter trial. The efficiency can save you money and time in the long run.

Additionally, you are at ease and more confident knowing that an expert is handling your case.

Other things your lawyer can do for you include:

  • Formulating a sentencing program designed to your needs, often assisting you to avoid future brushes with the Texas criminal justice system
  • Assisting you to cope with the embarrassment, anxiety, reduced self-esteem, and fear that comes with criminal charges
  • Offer you a reality check — An objective and knowledgeable perspective on your situation and what is likely to occur if the case proceeds to trial. The perceptive can help you decide whether to accept the prosecution’s plea bargain offer.
  • Gather and review the evidence against you and develop valid legal defenses to the charges
  • Interview prosecution witnesses — Generally, witnesses fear defendants and refuse to talk to self-representing individuals.

Find a Competent and Aggressive Fort Worth DWI Defense Attorney Near Me

If charged with driving while intoxicated and confused about why since you passed your breath test, it is essential to seek skilled legal counsel. These cases are tricky and come down to many factors, including the arresting police officer’s word. Fortunately, there are numerous defenses to fight your criminal charges. Fort Worth DWI Defense Lawyer believes you are not guilty until proven guilty. We can listen to you, gather evidence, review the case facts, develop the most effective legal defense, and represent you in court. Contact our experienced legal team at 817-470-2128 to discuss your DWI case.