Many people assume that having just one drink and getting behind the wheel is harmless. After all, if you are not stumbling or slurring your words, how much danger could you really be in? But in Texas, the law does not require apparent intoxication for you to be arrested or convicted of driving while intoxicated (DWI). Even one drink can put you at legal risk, along with financial penalties and long-term consequences.
Vinas & Graham, PLLC explains how Texas DWI laws work and why even a small amount of alcohol can lead to serious legal consequences. Understanding the risks before getting behind the wheel can be life-changing.
Texas DWI Law Does Not Require a .08 BAC
In Texas, a blood alcohol concentration (BAC) of 0.08 percent or higher is the legal threshold for intoxication. However, you can still be arrested and charged with a DWI even if your BAC is below that level. Law enforcement officers are permitted to make an arrest based on observable impairment, such as erratic driving, failed field sobriety tests, or slurred speech.
This means that one glass of wine or beer could result in a DWI if an officer believes your ability to drive is compromised in any way. Factors like your weight, metabolism, the type of drink, and how quickly it was consumed all influence how alcohol affects you. For some drivers, especially those who rarely drink, one drink can be enough to raise concerns during a traffic stop.
Zero Tolerance Laws and Lower Limits for Certain Drivers
Texas has strict zero-tolerance policies for drivers under the age of 21. Any detectable amount of alcohol in their system, regardless of how little they drank, can lead to an arrest for driving under the influence (DUI), which is a separate but related charge for minors.
Commercial drivers face even stricter standards. A BAC of just 0.04 percent can lead to a DWI charge if the driver holds a commercial driver’s license (CDL) and is operating a commercial vehicle. These lower limits reflect the seriousness with which Texas treats drinking and driving in regulated or high-risk roles.
Consequences That Extend Beyond Fines and Jail Time
Even a first-time DWI conviction in Texas carries severe penalties. You may face thousands of dollars in fines, a license suspension, and potential jail time. If you are a professional, particularly in healthcare, law, or education, your career may be impacted. A DWI on your record can also increase your insurance premiums and limit future opportunities, including housing and employment.
In addition to legal penalties, a conviction becomes a matter of public record. This means it can show up on background checks, affecting everything from job applications to rental agreements. The long-term impact of what may have seemed like a minor misjudgment can follow you for years.
Act Quickly and Choose the Right Legal Defense
If you have been arrested for DWI in Texas after just one drink, it is critical to take the situation seriously. Do not assume that a low BAC means you are safe from prosecution. Every case is unique, and officers often rely on subjective evidence when making arrests.
At Vinas & Graham, PLLC, we bring over 40 years of combined experience to criminal defense. Attorneys Joe Vinas and Spence Graham are both former felony chief prosecutors who understand how prosecutors approach DWI cases and how to build a strong defense. We serve clients throughout Texas in both state and federal court.
If you are facing a DWI charge, contact Vinas & Graham, PLLC, today to schedule a confidential consultation. Let us help you take the necessary steps forward to protect your rights and your future.
