Texas Alcohol Limits Defined by Law
Driving a motor vehicle while intoxicated is illegal, but exactly how "intoxicated" must a person be before they are considered over the legal limit?
The legal definition of intoxication is contained in the Texas Penal Code § 49.01:
(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a combination of two or more drugs, or another substance into the body;
or
(B) having an alcohol concentration of 0.08 or more.
(3) "Alcohol concentration" means the number of grams of alcohol per 100 milliliters of the person’s blood , or the number of grams of alcohol per 210 liters of the person’s breath.
For all people except for minors, a BAC of at least .08 is considered intoxicated under Texas law. Minors, or people under age 21, are considered intoxicated if they have any measurable amount of alcohol in their system.
These definitions are used for all types of alcohol intoxication or drink driving cases, from drunk driving to boating while intoxicated to flying while intoxicated. For commercial drivers, the legal BAC is just .04. A commercial driver may also get into trouble for "driving a commercial vehicle while having an alcohol concentration equal to or greater than 0.04," which is a violation even if the driver is under the BAC legal limit for all other drivers.
Penalties for Driving Over Legal Alcohol Limit
Exceeding the legal limit set forth above comes with significant penalties in Texas of the administrative and legal variety. Under Transportation Code Section 521.242, a criminal conviction for exceeding the alcohol limit may bring fines in excess of $10,000, jail time, and a license suspension. Under this provision, a first time offender can expect minimum administrative penalties. Texas Transportation Code Section 524.031 and 524.032 provides the following administrative penalties for exceeding the legal limit in a civil court:
In addition to these penalties, the Administrative License Revocation Program (ALR) directs the Department of Public Safety (DPS) to immediately suspend all Texas Drivers who fail, or refuse to provide a sample of their breath or blood to measure their blood alcohol concentration (BAC) at a sufficient level. A BAC of 0.08 grams or greater is legally sufficient to justify bringing criminal charges. Note that there are many circumstances where it is not appropriate to test BAC levels. For example, an intoxicated person may be too injured to appropriately perform the tests. Still, the only way to beat an improperly administered test is to have the evidence challenged in court. Of course, you should consult with a lawyer on these issues.
How Alcohol Content is Measured
Texas uses a variety of methods to determine the alcohol concentration in a person’s system. The most notable is the breath test, which is the only approved means of measuring blood alcohol content in a suspect’s system. The most common breath test for measuring BAC is the Intoxilyzer as administered by the police in Texas. The Intoxilyzer registers the amount of ethanol in air obtained either directly from the suspect’s lungs or through a breath tube placed in front of the mouth. The amount of ethanol in the air constitutes an approximation of the level of alcohol in the suspect’s blood stream.
Another widely used method for measuring blood alcohol content is the vertical gaze nystagmus test, or VGN. VGN tests whether a person is impaired by looking at how his or her eyes track an object in front of him or her, usually a pencil held around arm’s length in front of the suspect. The inability of a person to follow the object from side to side with his or her eyes is a sign of alcohol impairment.
Field sobriety tests. Another common method of arresting an allegedly intoxicated driver is through field sobriety tests. Typically, the suspect is asked to get out of the vehicle and perform a continual series of physical tests that require the individual to retain his or her balance while walking heel to toe on a straight path, followed by returning in like manner to the front of the patrol car, and looking straight ahead with his or her eyes closed.
There are two different chemical tests for measuring blood alcohol. A breath test is a chemical test that measures the suspect’s breath for alcohol. A blood test is also a chemical analysis; however, it is usually more accurate than a breath analysis. Some critics say breath tests and blood tests come to different results as to the amount of alcohol in a person’s system. Breath tests, they say, do not take into account that there are a number of outside factors that can influence the readings of intoxication levels — cigarette smoke or farts, for example. In contrast, none of these outside factors will have an impact on the blood test.
Other factors. The accuracy of both the breath and the blood tests can be flawed by a number of critical factors. For instance, the expertise of the person conducting the test can drastically affect the test’s outcome. Also, the testing equipment itself must be properly calibrated, maintained, and in accordance with the law. These tests must be conducted exactly as state law requires. Even a seemingly minor mistake of procedure could result in a false reading.
Breath test inconsistencies. There are other inconsistencies with the use of a breath tester for determining the level of intoxication that can often result in inflated estimates of a person’s alcohol consumption. Given that any variation in the amount of alcohol in a person’s system could result in a dramatic shift in the result with a breathalyzer, a test based on the measurement of breath alcohol concentrations is not as indisputably accurate as measured blood alcohol counts. Breathalyzers also give inaccurate readings if a suspect suffers from a number of medical conditions such as acid reflux disease, chronic lung disease, asthma, sinus problems, or hiatal hernia.
Factors that Influence the Absorption of Alcohol
Body weight can significantly influence the absorption and effects of alcohol. Persons who weigh less than 160 pounds will generally demonstrate more noticeable sensory impairment than heavier persons who consume the same amount of alcohol. Weight, however, is not always directly proportionate to body size. Large, thin persons will absorb and be affected by alcohol more adversely than shorter, larger-bodied persons. Sex, in relation to weight, can also have an effect—in most cases, women are generally more susceptible to sensory and motor skills impairment than men. This is because women are usually smaller than men (weigh less and are not as tall).
Although a bottle of beer, a glass of wine, and a shot of whiskey all have the same potential for producing the same blood alcohol concentration (BAC) level, the actual impairment after consuming each of these may not be equivalent. It is generally accepted that the consumption of a shot of whiskey or a bottle of beer will produce a lesser effect than the drinking of a similar volume of wine. Scientists have yet to agree, however, on the reason why certain alcoholic beverages produce different results .
Length of time over which alcohol is consumed has an effect on alcohol absorption. Studies have shown that a person will not experience the same degree of impairment if the alcohol was ingested over a longer period of time in comparison to the same volume of alcohol consumed in a shorter period. Fast drinking of large amounts of alcohol causes a concentration gradient to exist in the blood, which makes it faster and easier to enter the brain. The slower the absorption rates, the smaller the concentration gradient, and the slower the rate of intoxication.
Prolonged consumption of alcohol produces a chronic disturbance of alcohol effects. People who drink large quantities of alcohol on a regular basis develop a tolerance, or a particular level at which they feel comfortable or normal while under the influence of alcohol. These people will have a need to drink larger quantities in order to reach the BAC levels required to experience the desired effects. Because a high alcohol level raises the alcohol to water ratio in the body, most people who consume alcohol over a long period of time will experience dehydration, causing dry skin and lips and misconceptions about how much was actually consumed.
Advice for Texas Residents Who Drive
If stopped under suspicion of DUI, a driver must, among other things, follow the suggestions provided by the Texas Department of Public Safety:
"On or near a roadway and you are stopped by a police officer and you have been drinking alcohol or are under the influence of drugs, it is to your advantage to follow these steps:
Pull completely off the roadway, stop your vehicle, and turn on your hazard lights.
Immediately obey the officer’s request to provide information, license, registration, insurance card, etc.
At this time, the officer may ask you if you have been drinking. If you have not, tell the officer the truth.
If you have, tell the officer that fact, but do not answer any questions about how much you have had to drink or where you have been drinking.
If the officer asks you to get out of the vehicle, comply immediately without arguing or yelling at the officer. The officer is not going to let you stay in the seat and drive away, so do not make your situation any worse.
If the officer asks you to perform a sobriety test, you may politely refuse to do so. Your refusal will not help you out of the charges against you, so therefore, consider taking the sobriety test.
Compliment the officer for his or her ability to do his/her job. This will take home with you, and you will be in his/her good graces. Officer’s work hard to protect you and the community.
Answer all questions truthfully and politely that the police ask you.
If you are arrested, immediately call your lawyer. You will need one to help you out."
While many of these tips are sensible, the unfortunate reality is that many Texas drivers are subject to drunk driving arrest due to legal alcohol levels caused by medical conditions, dietary choices, or other legitimate factors beyond their control. This means that some people cannot afford the time and legal fees associated with an alcohol driving offense.
Current Initiatives and Links
The Texas Department of Transportation (TxDOT) is now encouraging people to designate a sober driver when going out, and to always buckle up while riding in a car. The agency has launched the "Savior" campaign which urges people to always designate a sober driver before drinking. The ads also remind viewers to always wear a seatbelt when in a vehicle, since it can help reduce the chances of injury in the event of a crash . However, alcohol dependency is always at risk of catching up with a person due to their alcohol tolerance increasing over time. Houston residents who are worried they or someone they know may be suffering from alcohol abuse can always choose to seek help for their addiction. One option is the Millati Bohra Houston, a local group that offers a support network and education sessions to those in need.
