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Blood Alcohol Content (BAC) in Texas DWI Cases
Know Your Rights, Know the Limits
Representation You Can Trust
IUnderstanding how blood alcohol content (BAC) affects your driving rights is essential if you’ve been pulled over or arrested for a DWI in Texas. At The Hull Firm, we know that a BAC reading doesn’t always tell the full story—and we’re here to help you fight charges based on inaccurate or misinterpreted test results.
This guide will walk you through Texas BAC laws, how tests work, why they’re flawed, and what our legal team can do to challenge the evidence.
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What Is BAC and Why Does It Matter?
Defining Blood Alcohol Content (BAC)
BAC refers to the percentage of alcohol in your bloodstream. In Texas, like most states, a BAC of 0.08% or higher is considered legally intoxicated. This threshold, however, isn’t always the end of the story. You can still be arrested and charged even if your BAC is below 0.08% if the officer claims you’re impaired.
The Legal BAC Limits in Texas
Texas law sets BAC limits based on the type of driver:
- Standard adult driver: 0.08%
- Commercial driver (CDL): 0.04%
- Driver under 21: Any detectable amount of alcohol (zero tolerance)
These legal thresholds are central to any DWI defense, but they’re not always enforced consistently—and they’re subject to challenge.
If you’re facing charges, speak with our Austin DWI attorneys to begin building your defense.
How BAC Is Measured in Texas
Common Methods of BAC Testing
Texas law enforcement uses three main testing methods to assess BAC:
• Breath tests (breathalyzer): Most common; often administered roadside.
• Blood tests: Conducted at a hospital or facility; considered more accurate but still challengeable.
• Urine tests: Rarely used due to their unreliability.
Each of these methods has vulnerabilities. A skilled attorney can help challenge the results in court.
The Science Behind the Tests
Breathalyzer devices estimate BAC based on the alcohol content in your breath. But temperature, device calibration, and even mouthwash can throw off readings.
- Blood tests rely on clean lab procedures, proper chain of custody, and accurate analysis. Any mistakes can cast doubt on the result.
- Urine tests, when used, often lag behind real-time impairment and are easily misinterpreted.
These tests aren’t infallible. If you believe you were wrongfully charged based on faulty results, our team is prepared to help you fight back.
Factors That Influence BAC
Individual Differences Matter
Not everyone processes alcohol the same way. Your BAC can be affected by several variables:
- Body weight
- Age and gender
- Rate of alcohol consumption
- Time since last drink
- Food in your stomach
- Medication or medical conditions
External Factors That Skew Results
Several external conditions can lead to falsely elevated BAC readings:
- Residual mouth alcohol from dental work or recent alcohol-based products
- Acid reflux or GERD
- Diabetes (acetone can mimic alcohol)
- Certain diets (keto or fasting)
Bottom line: BAC doesn’t always reflect your actual level of impairment. An experienced Austin criminal defense lawyer can bring in expert witnesses to contest flawed readings.
Can You Be Charged With DWI If Your BAC Is Below 0.08%?
Yes—And It Happens Frequently
IA common misconception is that you’re safe from a DWI charge if your BAC is under 0.08%. In reality, Texas Penal Code §49.01 allows for arrest if officers believe your mental or physical faculties are impaired, regardless of BAC.
This means:
- Slurred speech
- Erratic driving
- Failing field sobriety tests
…can all be used to justify an arrest, even if your test result comes in under the legal limit.
Fighting a Low-BAC DWI Charge
At The Hull Firm, we’ve successfully defended clients in these situations by:
- Challenging the officer’s observations
- Highlighting inconsistencies in body cam footage
- Presenting medical explanations for behavior or test results
You deserve a fair trial, and we’ll fight to ensure your rights are protected every step of the way.
Get the Defense You Deserve – Call 512-601-5650 Today
The Problems with Breath and Blood Tests
Inaccuracy in BAC Devices
Breathalyzers and blood testing are not foolproof. Some common sources of error include:
- Improper device calibration
- Untrained personnel
- Contaminated samples
- Improper chain of custody
- Delays between driving and testing
Sample Collection Issues
If blood was drawn too late after your arrest, it may not accurately reflect your BAC while driving. And if the sample wasn’t refrigerated or handled properly, the results may be thrown out.
Implied Consent and Refusing a BAC Test
What Is Implied Consent in Texas?
Under Texas law, you automatically consent to BAC testing when driving on public roads. Refusing a breath or blood test can result in:
- License suspension (180 days or longer)
- Admissibility of refusal in court
- Mandatory blood draw in some cases
Should You Refuse a Test?
While refusal might limit immediate evidence, it can complicate your case. If you’ve refused a test, we can still fight to protect your license and your freedom through administrative hearings and aggressive defense strategies.
See our First-Time DWI page for information on administrative license revocation (ALR) hearings.
How We Defend Against BAC Evidence
Our Proven Legal Strategies
The Hull Firm has extensive experience suppressing unreliable BAC evidence. Our defense tactics include:
- Filing motions to suppress unlawfully obtained evidence
- Cross-examining the arresting officer’s training and observations
- Reviewing calibration records for breathalyzers
- Evaluating lab procedures and chain of custody in blood tests
- Consulting toxicology experts
These strategies help us reduce or dismiss DWI charges—even in cases with high BAC results.
Real Case Example
One client was charged with DWI after blowing 0.10%. After investigating, we found the device hadn’t been calibrated in over two months. We filed a motion to suppress the results, and the case was dismissed.
View more Case Results from real DWI dismissals.
Penalties for High BAC in Texas
Enhanced Charges for BAC Over 0.15%
If your BAC is 0.15% or higher, prosecutors may pursue enhanced charges, which can carry:
- Harsher fines
- Longer license suspension
- Mandatory ignition interlock
- Possible jail time, even for a first offense
This is why early, aggressive legal defense is critical. A high BAC doesn’t always result in conviction—but it does raise the stakes.
Blood Alcohol Content and Underage Drivers
Texas’s Zero-Tolerance Policy
If you’re under 21 and caught driving with any detectable alcohol, you may be charged with DUI (Driving Under the Influence), which is different from DWI but still serious.
Penalties may include:
- License suspension
- Fines and fees
- Alcohol awareness classes
- Community service
Parents and young drivers should review our Underage DWI Defense page to understand the full risks.
Frequently Asked Questions About BAC and DWI in Texas
What is the legal BAC limit in Texas?
How long does alcohol stay in your system?
Can BAC test results be challenged?
What happens if my BAC was really high?
Can I get my DWI dismissed?
Can I be arrested if my BAC is below the legal limit?
Is refusing a BAC test better?
How do I request a hearing to save my license?
After a DWI arrest, you only have 15 days to request an ALR hearing. Contact us immediately to get started.
Will a BAC conviction go on my record?
Why Choose The Hull Firm to Fight Your BAC Charge
We Know How to Beat Bad Science
Our attorneys aren’t intimidated by breath tests, blood tests, or officer testimony. We’ve built our reputation on picking apart the prosecution’s case—especially when it rests on flawed science.
Personalized Defense Backed by Results
At The Hull Firm, we don’t use templates or generic strategies. We look at your case from every angle and build a custom defense plan that protects your future.
Start your defense today by calling 512‑599‑9999 or requesting a confidential consultation.
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The Hull Firm
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Phone: 512-601-5650
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Georgetown, TX 78628