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DWI laws seem pretty cut and dry. If you’re over the legal limit and get stopped, that’s a chargeable offense. All you have to do is stay within the recommended number of drinks and you should be good to drive. However, things aren’t always so straightforward. What if you’ve had the recommended number of drinks and get pulled over? What if you’re involved in an accident after a couple of drinks? Drivers need to be aware of how to handle these situations to protect themselves. It’s important to know about how getting a DWI under legal limits can happen.

What Will Happen if You’re Pulled Over

Police officers don’t know if you’ve had anything to drink before the pull you over. They generally need a reason to initiate a traffic stop. That is, unless they’ve set up a sobriety checkpoint on the weekends or something similar. When the officer engages a driver, who’s had a drink or two, they will likely be able to smell alcohol on their breath. They’ll ask if he or she has had anything to drink. It’s important for drivers to know that lying to the police is never a smart move. Either tell the truth or don’t answer. Police can still carry out a sobriety test even if you tell them you haven’t had a drink or that you only had one.

Field Tests to Determine Sobriety

Police have two avenues they can pursue to determine whether someone’s driving drunk. They can ask you to submit to a breathalyzer that will measure your blood alcohol levels. They’ll also instruct you to perform a series of sobriety tests like walking in a straight line, balancing, and other movements to discern if you’re impaired. If drivers refuse to submit to field tests, the police can obtain a warrant to have blood drawn to test alcohol levels. A driver can be charged with a DWI under the legal limit if they fail the sobriety tests. This is because some people react more strongly to alcohol.

DWI Under Legal Limits if Impaired

Drivers who are impaired will be charged with DWI even if they are under the legal limit. They could be light drinkers who can have difficulty functioning normally after only one or two drinks. Blood alcohol levels are a factor in charging for DWI, but not the only determinant.

The legal team at Stephen Bowling & Associates can help drivers involved in DWI cases where they were found to be under the legal limit. It’s important to hire lawyers with experience and a track record of success dealing with similar cases. Contact us to discuss your case and see how we can help.

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816 Congress Ave, Suite 950
Austin, Texas 78701

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San Antonio, Texas 78205