In Texas, driving while intoxicated is a significant criminal offense. Many people understand that a blood alcohol concentration (BAC) of 0.08 percent is the legal threshold for DWI. However, they may not realize the extent to which having a high BAC can influence the legal consequences associated with driving while intoxicated.
What is a high BAC for a DUI in Dallas? Under Texas law, a BAC of 0.15 percent or more subjects an intoxicated driver to more severe penalties. Here’s a closer look at why having a high BAC matters for your DWI case.
Texas DWI Laws
Texas law defines driving while intoxicated as operating any motor vehicle in a public place while intoxicated. For the purposes of the law, a person with a blood alcohol concentration of 0.08 is considered intoxicated. A person may also be considered intoxicated under Texas law when their use of alcohol or drugs impairs the normal use of their physical and mental faculties.
Texas also has an implied consent law, meaning that if a person is lawfully arrested for DWI, they must submit to a breathalyzer test to determine their BAC. While you can technically refuse a BAC test after an arrest, you may face consequences such as a driver’s license suspension.
Why Does a High BAC Matter in Texas?
If you’re pulled over for drunk driving and a breath or blood test reveals you have a BAC of 0.15 percent or higher, you face more significant penalties for a DWI conviction. Individuals with a BAC between 0.08 and 0.14 percent face a Class B misdemeanor offense. Those with a BAC of 0.15 or higher face a Class A misdemeanor offense. That means higher fines and stiffer penalties.
If you’re convicted of a Class A misdemeanor offense, you face the following penalties:
- Fines up to $4,000
- 30 days to one year in jail
- Loss of driving privileges for up to two years
A conviction for subsequent DWI offenses can yield even more significant penalties. You may be required to complete an alcohol education program, install an ignition interlock device in your vehicle, and pay to have your driver’s license reinstated.
Many drivers with a high BAC DWI conviction on their record also deal with other financial challenges, such as higher car insurance premiums and costs associated with finding alternate transportation for work. Having a high BAC DWI on your record can also hinder your career, housing, and educational opportunities and negatively affect your personal and professional reputation.
Defending Against a High BAC DWI
High BAC DWI cases can be complex, and outcomes depend on the unique aspects of each individual case. This is why contacting an experienced Dallas DWI defense attorney as soon as possible is always in your best interest. An experienced DWI lawyer can thoroughly review your situation and build a strong defense while safeguarding your legal rights.
At The Law Offices of Mark T. Lassiter, our defense strategy in DWI cases will always depend on your individual circumstances. We’re here to offer personalized legal defense strategies and never take a one-size-fits-all approach to your defense. That said, some of the typical defense strategies we may employ in high BAC DWI cases include claims of:
- Invalid BAC test results
- Improper calibration of the testing instrument, meaning results are inadmissible
- Contamination or improper handling of BAC test results
- Violation of your legal rights during arrest or interrogation
- False or unsubstantiated testimony from law enforcement
Do not speak to law enforcement officers without a skilled defense attorney present. You deserve effective and responsive legal representation. Always exercise your right to remain silent and seek legal help before engaging with the authorities, and remember that anything you say can be used against you in court.
Contact an Experienced Dallas High BAC DWI Attorney Today
If law enforcement pulled you over for driving while intoxicated and your blood alcohol concentration was 0.15 percent or higher, you need immediate legal representation. At The Law Offices of Mark T. Lassiter, we offer aggressive legal defense services to give you the best chance of obtaining a favorable result for your situation. We have substantial experience handling DWI defense cases, including for high BAC offenses, and are committed to protecting your rights, building a solid case in your defense, and fighting for justice on your behalf. Contact our Dallas office today at (214) 845-7007 to arrange a confidential legal consultation.
