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Can I Get A Dui With A Bac Below 0 08 Percent

There are few experiences that can match the stress and anxiety that come with DWI or DUI charges. If you were intoxicated and failed a breathalyzer test, then fighting the charges may seem hopeless. However, these cases are incredibly complex, and small details can have a major impact on the outcome.

DWI convictions come with serious penalties, including the loss of driving privileges, steep fines and potential prison time. But with the right defense, it may be possible to convince the courts to reduce the charges or penalties, or to dismiss the case altogether.

If police arrested you for intoxicated driving, then you probably have a long list of questions. One of the best sources of information is an experienced DWI attorney.

If you would like to speak with a DWI attorney in Dallas, contact the Law Offices of Robert Gregg today at (214) 891-7536. As the former President of the Texas Municipal Justice Bar Association, Mr. Gregg has the experience to build your defense and fight for a positive outcome to your case.

Read on to learn the answers to three frequently asked questions about DUI charges in Texas:

  1. Can I Get a DUI with a BAC below 0.08 Percent?

According to the Texas Department of Highway Safety and Motor Vehicles, if your BAC is 0.08 percent or higher and you are driving, then you will face DUI or DWI charges. Under some circumstances, however, people with a lower BAC can still face charges.

For drivers under the age of 21, any measurable amount of alcohol or drugs will result in a DWI charge, as well as a potential license suspension until they reach the age of 21. Commercial drivers are also held to tighter regulations; a BAC of 0.04 percent can result in DWI charges and a license suspension – not to mention expensive fines and jail time.

  1. Can I Refuse a Breathalyzer Test?

This is one of the most common DWI questions out there. In Texas, drivers have the option to refuse a breathalyzer test; however, doing so will result in an immediate license suspension.

In some cases, it may be in the driver’s best interest to refuse a breath test. This removes physical evidence of intoxication, which can strengthen the defense strategy. If you intend to refuse a breath test, simply tell the officer that you do not feel comfortable without an attorney present.

  1. What If My Car Was Not in Motion at the Time of the Arrest?

A car does not need to be on and in motion in order for you to receive a DWI charge. If the prosecution can prove that you had active control of the vehicle while you were intoxicated, then you may still be convicted. Having “control” of the vehicle may only require that the keys were in the ignition, or the headlights or radio were on.

If you have been charged with DWI and would like to speak with a Dallas DWI lawyer about your case, contact the Law Offices of Robert Gregg today at(214) 891-7536. Mr. Gregg can evaluate your case and build a comprehensive defense strategy against your charges.