The short answer is yes, and that it is becoming much more common. You are guaranteed to be arrested for drunk driving if you blow over .08 percent, but if you blow below .08 percent and show any signs of impairment, you can still be arrested for driving while intoxicated (DWI).
How Is Impairment Determined Outside of BAC?
When you get pulled over, you will be asked to perform a series of sobriety tests, including a breathalyzer, blood or urine tests, and motor- and mental-function tests. These are designed to differentiate between someone who simply had a drink or two and someone who is too impaired to drive.
This means that even if you have a "low-blow" you may still be charged with DWI if you fail any of these tests or if your actions or words indicate intoxication in the view of the arresting officer.
Possible Defenses Against "Low-Blow" DWI Charges
A DWI defense lawyer from our firm can formulate one of several potential defenses depending on the circumstances under which you were arrested. For example, we might be able to use the terrain on which you were asked to perform these tests as a reason for your lack of balance and possibly get the motor test thrown out as evidence. This could work on a hilly or rocky area or if there was inclement weather.
There are a large number of other potential defenses that might be employed in order to explain failing a sobriety test. Motor-function and balance test could be problematic for someone with a disability. Lack of sleep could explain slurred speech. It might even be that the officer's instructions were delivered in a confusing manner, making it difficult for you to follow them in a satisfactory manner.
Whatever the circumstances of your traffic stop and arrest, we'll determine what the best possible defense for your situation is. If we can't get your DWI charges dismissed completely, we might be able to get them reduced or simply win your case in court.
Get a Confidential Legal Evaluation for a Drunk Driving Charge
If you are facing drunk driving charges and your BAC was under .08 percent at the time of your arrest, you need to fight back against them. The penalties and other consequences you are facing can be life-changing in the worst possible ways. Protecting your family's financial stability and your public image is very important, so you should sit down with a Williamson County DWI lawyer from Hines & Holub and find out how we can help you. Call us at 512-473-8745 to set up a free, confidential consultation or fill out the form at the bottom of this page.
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No matter how complex your charges may seem, you can have peace of mind knowing our legal team is behind you. You aren’t in this battle alone. Get our Austin criminal attorneys on your side today.