By Graham Norris

Yes. In Texas, you can be charged with DWI even if your blood alcohol concentration (BAC) was below the legal limit of 0.08%.

Many people believe that a BAC under 0.08% means they cannot be arrested or convicted of DWI. That is not always true.

The Legal Limit Isn’t the Only Factor

For most adult drivers, a BAC of 0.08% or higher creates a basis for a DWI charge. However, Texas law also allows prosecutors to pursue a DWI case if they believe alcohol or drugs caused you to lose the normal use of your mental or physical abilities.

In other words, the focus is not only on your BAC. The prosecution may argue that you were impaired, even if your BAC was below 0.08%.

What Evidence Might Be Used?

If there is no BAC over the legal limit, prosecutors may rely on other evidence to try to prove intoxication, including:

• The officer’s observations
• Field sobriety tests
• Body camera or dash camera footage
• Witness statements
• Your driving behavior before the traffic stop

Your attorney can review this evidence to determine whether it supports the state’s claims.

A BAC Below 0.08% May Raise Questions

A lower BAC may become an important part of your defense.

A Fort Worth DWI attorney can examine whether the evidence actually shows impairment and whether law enforcement followed the proper procedures during the investigation.

Every case is different, and the outcome depends on the specific facts and evidence.

Don’t Assume You’re Guilty

Being charged with DWI after testing below the legal limit does not automatically mean you will be convicted.

The prosecutor still has the burden of proving the charge beyond a reasonable doubt, and your attorney may be able to challenge the evidence presented against you.

Contact Norris Legal Group Today

If you’ve been charged with DWI in Texas, even though your BAC was below the legal limit, don’t assume your case is hopeless. Contact Norris Legal Group today for a free consultation. We’ll review your case, explain your legal options, and fight to protect your rights, your license, and your future.