Criminal Law Frequently Asked Questions

My Rights
Someone I know has been arrested, what should we do?
I have not been arrested, but I have been accused of a crime. What should I do?
Is it better to accept a plea bargain or go to trial?
What is a Criminal Law Board Certified Attorney?
 
General Information about DWI/DUI
What is DWI?
What is .08 alcohol concentration?
Is it .08 or more when I drive or .08 or more at the time I'm tested, or both, that will make me guilty of DWI?
If I am arrested will I lose my driver's license?
What if I need to drive during the suspension period?
How do I get my license back?
Does it make a difference if I'm under 21?
What is the Range of Punishment on a DWI?
What is the typical process after a DWI arrest in Texas?
How can I clear my record?
 
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What is .08 alcohol concentration?

"Alcohol concentration" is defined by the statute as:

  • the number of grams of alcohol per 100 milliliters of blood;
  • the number of grams of alcohol per 210 liters of breath; or,
  • the number of grams of alcohol per 67 milliliters of urine.

If you've been drinking, you will probably not be able to determine if you have an alcohol concentration of .08 or more. Furthermore, it is worth knowing that the amount of alcohol in each of the above statutorily defined concentrations is not equal, and can therefore result in a person being innocent according to one concentration but guilty according to another. Moreover, under the two statutory definitions of intoxication, it is also possible for a person to be innocent of being intoxicated because there is no loss of either normal mental or physical faculties but still be guilty of being intoxicated via .08. The opposite can also be true.

 

 

 


     
 
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