The state of Texas has a blood alcohol concentration legal limit of 0.08%. Now, the question becomes what does that mean? It means that if the amount of alcohol found in your blood through a blood or breath test is 0.08% or greater then you are considered legally intoxicated or drunk. The most important thing to realize here is that the number 0.08% is super tiny. This becomes very clear when we convert the number to a decimal. It now looks like this: 0.0008. An amount that makes a penny, 0.01, look like a fortune. The point of this observation is that a tiny amount of alcohol can be in your blood and yet it can have huge effects on your driving. We have to realize just how fragile our bodies are and it is our job to take care of it.
When are blood alcohol concentration tests required? A test for blood alcohol concentration will be required if the person is supposedly intoxicated and violates any rules under Section 106.41 of the Alcoholic Beverage Code or is arrested for an offense while operating a motor vehicle or watercraft. Once the police have caught you, then the police can require that you blow into a straw connected to a machine known as a breathalyzer. The breathalyzer will analyze how much alcohol is in your body and give the officer the information to correctly charge you with a DU.I. or a D.W.I. or nothing, if the machine reads zero. The Zero Tolerance Law also allows officers to get a blood sample from you as well, if they so choose. If the officer suspects that you have other drugs in your body, then the blood test would be required. The basic laws for D.U.I. or D.W.I. say that if you have any chemical, drug, alcohol, etc in your body and it is affecting the way you drive, then a violation has been committed.
There are a variety of penalties if you are found guilty of drinking and driving. The first one could be refusing a sobriety test. If you refuse a sobriety test, then your license is automatically suspended for 180 days. Once a person does submit a blood or breath specimen and the results show a blood alcohol level of 0.08% or greater, then a driver over the age of 21 would be charged with Driving While Intoxicated (D.W.I.). Their driver's license would be suspended for 90 to 365 days. If the B.A.C. (blood alcohol concentration) level was lower than 0.08%, then the driver would be charged with Driving Under the Influence (D.U.I.). All minors, which is anyone under the age of 21, could be charged with a D.U.I. if they have any detectable amount of alcohol in their blood. This charge could result in a fine of up to $500. Many of these penalties will stay on your record your whole life.