Can I get a DWI when I’m under a .08?
DWI laws seem pretty cut and dry. If you’re over the legal limit and get stopped, that’s a chargeable offense. All you have to do is stay within the recommended number of drinks and you should be good to drive. However, things aren’t always so straightforward. What if you’ve had the recommended number of drinks and get pulled over? What if you’re involved in an accident after a couple of drinks? Drivers need to be aware of how to handle these situations to protect themselves. It’s important to know about how getting a DWI under legal limits can happen.
What Will Happen if You’re Pulled Over
Police officers don’t know if you’ve had anything to drink before the pull you over. They generally need a reason to initiate a traffic stop. When the officer engages a driver, who’s had a drink or two, they will likely be able to smell alcohol on their breath. They’ll ask if he or she has had anything to drink. It’s important for drivers to know that lying to the police is never a smart move. We recommend politely declining to answer. Police can still carry out a sobriety test even if you tell them you haven’t had a drink or that you only had one.
Field Tests to Determine Sobriety
Police have two avenues they can pursue to determine whether someone’s driving drunk. They’ll also instruct you to perform a series of sobriety tests like walking in a straight line, balancing, and other movements to discern if you’re impaired. They can ask you to submit to a breathalyzer that will measure your blood alcohol levels. If drivers refuse to submit to field tests, the police can obtain a warrant to have blood drawn to test alcohol levels. The police do this by using their observations prior to the stop and during the stop to demonstrate reasonable suspicion a driver was intoxicated. A driver can be charged with a DWI under the legal limit if they fail the sobriety tests. This is because some people may not have “the normal use of their mental or physical faculties” below a 0.08. Remember, “Intoxicated” is defined as: Not having the normal use of your mental or physical faculties due to the introduction of alcohol, drugs, or a combination of them. Noteworthy, the term “drugs” refers to both prescription and illegal drugs.
DWI Under Legal Limits if Impaired
Drivers who are impaired will be charged with DWI even if they are under the legal limit. They could be light drinkers who can have difficulty functioning normally after only one or two drinks. Blood alcohol levels are a factor in charging for DWI, but not the only determinant.
The legal team at Stephen T Bowling, DWI & Criminal Defense Attorneys can help drivers involved in DWI cases where they were found to be under the legal limit. It’s important to hire lawyers with experience and a track record of success dealing with similar cases. If you’ve been arrested for a DWI, whether alcohol or drug related, meet with our Austin DWI Lawyers or San Antonio DWI Lawyers to learn how we will fight your case.
