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Will I beat a DUI charge after an accident if I have a low BAC?

In Texas, you can still be the subject of a conviction of DUI/DWI even if your blood alcohol concentration is below 0.08 percent. Further, if you are involved in a motor vehicle accident, the ramifications and liability can be extremely serious.

Of course, if you do blow a 0.08 percent blood alcohol concentration reading, or higher, and cannot get that evidence suppressed, you may likely face a conviction as well unless there are other defenses available. However, even if your reading is less than 0.08 percent, you may still not receive the hoped-for dismissal of DWI related charges.

As explained by the Texas Department of Transportation, Texas law recognizes that the first drink does affect a person.

Different people have different effects from alcohol

Moreover, each person is different in his or her physical characteristics that may affect how the alcohol effects the capacity to drive. Factors that affect how much you much you may suffer impairment by consuming even small amounts of alcohol include the following:

  • Your body weight
  • How many drinks you have had
  • How much food you have eaten
  • Your gender

As it turns out, alcohol engages in gender discrimination as well as age discrimination. Females and younger people are more prone to impairment on smaller amounts of alcohol than males and older people.

As such, regardless of blood alcohol concentration, so long as you have consumed alcohol or drugs, you can be subject to charges of intoxicated driving if other evidence demonstrates that you are.

This information is provided for educational purposes, and should not be interpreted as legal advice.

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