By Collin County Criminal Defense Lawyer Jeremy Rosenthal
You can be acquitted of DWI even if your breath and/or blood score is above a 0.08 and this is why:
Texas Penal Code 49.04 defines Driving While Intoxicated in the following manner, “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.” (Emphasis mine)
Texas Penal Code 49.02 (A) and (B) legally define intoxicated as, “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.
As you can see, your blood alcohol concentration must be at 0.08 or more while you are operating a motor vehicle… not an hour…
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