It is illegal to drive in Texas while under the intoxicating influence of alcohol. A driver is considered legally too intoxicated to operate a motor vehicle if he or she has a blood alcohol concentration (BAC) of 0.08 or more. However, it is also possible for a driver to be arrested for driving under the influence (DUI) with a lower BAC, in certain circumstances. If you were involved in an accident, speak with a car accident attorney in San Antonio.
When Is a Driver in Texas Legally Intoxicated?
Texas Penal Code § 49.04 defines “driving while intoxicated” as the offense of operating a motor vehicle in a public place while intoxicated. “Intoxicated” means “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.”
Being an intoxicated driver can also mean driving with an illegal BAC, which varies based on the type of driver:
- Standard driver: 0.08
- Commercial motor vehicle driver: 0.04
- Underage driver (under the age of 21): 0.01 (any detectable amount)
An illegal BAC when tested using the driver’s breath, urine or blood can lead to a DUI per se charge, meaning no other evidence is needed to prove a DUI case. Even with a lower BAC, however, a driver could face DUI charges if there is evidence demonstrating impairment, such as erratic driving behaviors, slurred speech or physical signs.
How Many Drinks Is Too Many to Drive in Texas?
One alcoholic beverage is too much if an individual in Texas plans on driving. Any amount of alcohol could be enough to impair someone based on factors such as body weight and how much the person has had to eat. Drivers have different alcohol tolerances, which makes it important for them to remain completely sober before a drive.
If there is proof that a driver had even one alcoholic drink or used drugs (including prescription and over-the-counter medications) that resulted in impairment, the driver could be charged with DUI. If a car accident occurs, the driver could face financial responsibility or liability for the victim’s losses for intoxication even with a “legal” alcohol limit.
What Are the Penalties for Drunk Driving in Texas?
A DUI conviction in Texas can have serious consequences. Typical penalties include a fine of up to $2,000 for a first offense, three mandatory days in jail upon conviction (up to 180 days total) and one year of driver’s license suspension. A second offense can lead to doubled fines ($4,000) and one month to one year in jail. A third offense has a fine of $10,000, plus two to 10 years in prison.
How Do You Prove a Drunk Driving Accident Claim in Texas?
If you get involved in a car accident and suspect the other driver of alcohol or drug impairment, you will have to prove the grounds of your case. You will need to demonstrate that the driver was intoxicated – meaning an illegal BAC or other evidence of impairment – and that this is what caused the crash.
A drunk driving accident attorney in San Antonio can help you establish your case using evidence. This may include the driver’s DUI test results, a police accident report, police officer bodycam footage, confessions from the driver, witness statements and expert testimony. A San Antonio injury attorney will help you fight for justice and maximum compensation for your losses.