If you are on probation or facing DWI charges in Texas, you might be wondering how long alcohol stays in your system. The length of time depends on many factors, including the type of testing used to detect alcohol.
Attorneys at Vinas & Graham, PLLC, represent clients in criminal cases, including those involving alcohol violations. Keep reading to learn more about how long alcohol can stay in your system and related Texas laws.
Blood Alcohol Concentration
Under Texas law, you are legally intoxicated if your Blood Alcohol Concentration (BAC) is .08 or higher. If you are caught driving with a .08 BAC or higher, you may be charged with driving while intoxicated (DWI). The penalties for a DWI conviction increase if your BAC is .15 or higher.
As described in more detail below, different factors affect your BAC after consuming alcohol. When people drink alcohol, it affects each person differently, and your BAC might not be the same as someone else’s BAC, even if you have had the same amount to drink.
When Alcohol Leaves Your BAC
Everyone’s body processes alcohol differently, but on average, your body metabolizes alcohol at approximately one drink per hour. Therefore, if you have one drink and stop, your body could reduce your BAC to close to zero after an hour.
However, certain factors impact how quickly your body can process the alcohol in your system, such as the following:
- The volume that you drink. As you probably know, the more alcohol you consume, the higher your BAC will be, especially if you are drinking faster than your body is able to process the drinks.
- The type of alcohol you consume. Obviously, the amount of alcohol that you drink will raise your BAC, but the type of alcohol impacts your BAC level as well. In general, spirits such as vodka and tequila have more alcohol per ounce than wine and beer. If you drink 8 ounces of vodka, your BAC will be higher than if you drink 8 ounces of beer.
- How quickly you drink. As previously described, your body can metabolize alcohol at approximately one drink per hour. The faster you consume alcohol; the higher your BAC will be.
- Your body size and gender. Typically, smaller people can drink the same amount of alcohol as larger people, but their BAC will be higher. Similarly, women can often drink the same amount as men, but a female’s BAC will be higher.
- Health and age. As you age, your body is unable to process alcohol as quickly as when you were younger. Health conditions, such as problems with your kidneys or liver, can also impact your body’s ability to process the alcohol, in turn affecting your BAC.
- Food intake. If you drink on an empty stomach, the alcohol will move more quickly to your blood than if you’ve had a meal before drinking.
As you can see, many factors can affect your BAC levels. This is why it’s so important not to get behind the wheel after drinking. Instead, calling a cab, ordering a Lyft ride, or having someone take you home is your best option.
Evidence Of Alcohol Consumption
While your body may process alcohol at around one drink per hour, evidence of alcohol consumption can stay in your body for much longer. For example, alcohol may remain in your urine for several days, especially if you were drinking excessively. Alcohol evidence can stay in your hair for up to three months.
If you are on probation, also known as community supervision, you may be prohibited from drinking alcohol. If you are subject to a random urine test and alcohol is detected, you will face legal consequences for violating your probation.
Penalties For DWI Convictions
The penalties for a first-time DWI conviction include license suspension, up to 180 days in prison, and fines up to $2,000. You might have to pay additional fees to reinstate and maintain your license for several years after your DWI.
Those penalties may be increased if certain aggravating factors were present when you were arrested, such as prior DWI convictions or you were on probation. You might also see increased penalties if you had a minor in the car when you were driving while intoxicated or if there was an open container in your vehicle.
Meet With A DWI Charges Attorney
If you have been charged with a DWI or other alcohol-related offense, attorneys at Vinas & Graham, PLLC, can help answer your questions and provide you with the legal advocacy that you need to protect your rights.
Call us at 713-229-9992 or reach out to us on our contact page to meet with a DWI charges attorney. Follow our Facebook page to learn more about our law firm and areas of practice.
