Police officers often arrest drivers for driving while intoxicated (DWI) offenses based on their performance at the wheel. When someone displays clearly impaired ability, police officers that witness their questionable driving skills may stop them and then later arrest them. Swerving over the center line, braking without reason and driving far more slowly than conditions require may all draw the attention of police officers nearby as warning signs of potential intoxication.
However, not everyone charged with the DWI offense in Texas will have swerved back and forth across the road or otherwise done something clearly unsafe. Some of them will face per se DWI charges based on a technical violation of the law rather than demonstrated impairment or fault for a collision.
What exactly is a per se DWI violation in Texas?
It means someone is over the legal limit
The law makes exceeding the legal limit for alcohol in one’s body a crime even if it doesn’t directly result in that driver behaving in an impaired manner. Even for motorists who are old enough to legally drink, there is a strict limit for their blood alcohol concentration (BAC).
Anyone with a BAC at or over 0.08% could potentially face arrest and prosecution even though their driving seems normal. Being over the legal limit is a crime in and of itself. There are stricter standards in place for those driving commercial vehicles and those not yet old enough to lawfully consume alcohol.
A per se DWI is a crime because the law makes having an elevated BAC illegal regardless of how someone drives, but it is still possible to fight against such charges. Learning more about Texas drunk driving laws may benefit those who regularly consume alcohol or those who recently got arrested.
