Is it legal to drive a motor vehicle while drinking an alcoholic beverage, and if not, what are the penalties?

DWI Lawyer Trichter & LeGrand
Menu
24/7 FREE CONSULTATION

CAN I DRIVE WHILE DRINKING ALCOHOLIC BEVERAGE?

No, it is not legal to be driving while drinking and alcoholic beverage.

It is a class C misdemeanor for you to operate a car while you personally possess an open alcoholic beverage container. 

This penalty, as noted earlier, increases if you are arrested for DWI

Additionally, recent legislation also prohibits any passenger from having an open alcoholic container unless the person is a passenger in the living quarters of a motor home, a limousine, a bus, a taxi, or a motor vehicle designed, maintained, or used primarily for transportation of persons for compensation.

TELL US ABOUT YOUR CASE

Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

MENU

Is it .08 or more when I drive or .08 or more at the time I’m tested, or both, that will make me guilty of DWI?

Trichter & LeGrand DWI Lawyers
Menu
24/7 FREE CONSULTATION

Is it .08 or more when I drive or .08 or more at the time I’m tested, or both, that will make me guilty of DWI?

Our DWI law in Texas requires the prosecution to prove that you were .08 BAC or blood alcohol content at the time of driving in order to convict you. 

A subsequent breath or blood test can yield three possibilities in relationship to the time of driving. The test may show that the driver was

    1. under .08 at the time of driving, or
    2. at .08 or greater at the time of driving, or
    3. at the same BAC at the time of driving.

Said another way, a subsequent BAC test is not conclusive proof of a BAC at the time of driving. 

This is because a jury can refuse to believe a BAC test result.

TELL US ABOUT YOUR CASE

Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

MENU