Question By: In Texas, drivers can face DUI charges even if their blood alcohol concentration (BAC) is below the legal limit of 0.08%. This is because impairment isn't solely based on BAC levels. Law enforcement officers can arrest a driver if they observe signs of impairment or if field sobriety tests indicate a loss of "normal use of mental or physical faculties." These tests assess a driver's ability to safely operate a vehicle, regardless of their BAC. Additionally, the presence of drugs–whether prescription, over-the-counter, or illegal–can also lead to DUI charges, especially when combined with alcohol, emphasizing the broad criteria for determining impairment under Texas law.
This broad interpretation often surprises drivers who may not realize that even small amounts of alcohol or a combination of medications can raise suspicion of impairment. In some instances, drivers may unknowingly experience adverse interactions between medications or mistakenly assume they are safe to drive after moderate alcohol consumption. Unfortunately, field sobriety tests and officers' subjective judgments can lead to arrests even when impairment is minimal or nonexistent. These assessments are not foolproof and can sometimes result in errors or wrongful accusations.
Experienced Galveston DUI attorneys at Mark Diaz & Associates specialize in scrutinizing every detail of DUI cases, from field sobriety test procedures to the officer's observations, uncovering inaccuracies or procedural errors. Comprehensive legal strategies are tailored to protect clients' rights, challenge questionable charges, and pursue the best possible outcomes. For skilled representation and a thorough review of any DUI accusation: https://texascriminaljustice.com/.
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