Even with a BAC under 0.08, you can still face an under-the-limit DWI in Fort Worth if the police allege that you operated a motor vehicle in a public place while not having normal physical or mental faculties due to alcohol, drugs, medication, or another substance.
Texas doesn't have a separate penalty for under-the-limit DWI. It usually carries the same consequences as regular DWI cases, meaning the charge level and punishment will depend on the offense, prior convictions, and any applicable aggravating factors.
Under the Limit DWI Attorney in Fort Worth, Texas
In low-BAC DWI cases, the State must prove intoxication beyond a reasonable doubt. This provides an opportunity to challenge the case, especially when the officer's report contradicts the camera footage, field sobriety test results, or other evidence.
Michael & Associates Criminal Defense Attorneys help people in Fort Worth facing DWI charges. We investigate whether the State's intoxication theory is consistent with the actual evidence in each case.
With over 20 years of experience defending DWI cases in state and federal court, Zach Redington leads our DWI defense lawyers in Fort Worth. Our Fort Worth area DWI defense team also includes an ACS-CHAL Lawyer-Scientist, Janie Martin, who can review breath or blood tests, laboratory records, medication-related issues, and other forensic evidence when needed.
When you hire us, we thoroughly examine your case and determine whether we can challenge officer observations, roadside tests, and other impairment claims in your low-BAC DWI case.
How Can Texas Charge DWI With a BAC Below 0.08?
Texas does not require a BAC of 0.08 or higher for every DWI conviction. Under Texas Penal Code § 49.04, prosecutors can pursue a DWI charge if they allege that you were intoxicated while operating a motor vehicle in a public place.
Under Texas Penal Code § 49.01, a person can be intoxicated by either:
- Having a BAC of 0.08 or higher
- Losing the normal use of mental or physical faculties because of alcohol, drugs, a controlled substance, a combination of substances, or another substance.
Can You Lose Your License With a BAC Below 0.08?
Possibly. Driver's license consequences depend on your age, license type, test result, and whether you refused testing after a DWI arrest.
Adult Drivers Who Submitted to Testing
If you're 21 or older and your breath or blood test shows a BAC below 0.08, your license generally cannot be suspended under Texas Transportation Code Chapter 524 based on that test result. However, the criminal DWI case can continue because prosecutors may rely on other evidence of intoxication.
Drivers Under 21 Who Submitted to Testing
For drivers under 21, Texas has separate administrative license rules for alcohol-related driving offenses. Even if the BAC is below 0.08, a detectable amount of alcohol can trigger a license suspension.
A first offense generally carries a 60-day suspension, while a subsequent offense can carry a 120- or 180-day suspension, depending on the circumstances.
You generally have only 15 days after receiving notice to request an Administrative License Revocation (ALR) hearing. Missing that deadline means you lose the chance to challenge the proposed suspension.
See Related: Underage DWI
Drivers (Any Age) Who Refuse Testing
Regardless of age, refusing a breath or blood test can trigger an ALR suspension under Texas Transportation Code § 724.035. The suspension is generally 180 days for a first test refusal. It increases to two years if your driving record shows one or more qualifying alcohol-related or drug-related enforcement contacts within the previous 10 years.
Note: After a refusal, police may still seek a warrant for a blood draw. However, the warrant does not automatically eliminate the separate refusal-based license issue.
License Consequences For Commercial Drivers (CDL Holders)
Commercial driver's license (CDL) holders face additional consequences after a DWI arrest. A BAC of 0.04 or higher while operating a commercial motor vehicle can trigger commercial-driving disqualification.
If the offense occurred while operating a personal vehicle, a qualifying DWI conviction can also disqualify a CDL holder from operating a commercial motor vehicle.
A first qualifying major offense generally results in a one-year disqualification. If the offense involved transporting hazardous materials, the disqualification is increased to three years. The applicable consequences depend on the offense, the vehicle involved, and the driver's record.
What Are the Penalties for DWI in Fort Worth?
The table summarizes DWI punishment ranges. A BAC below 0.08 does not prevent the DWI charge if the State proves intoxication under the loss-of-normal-faculties definition.
|
Case Allegation |
Usual Charge Level |
Possible Penalties |
|
72 hours to 180 days in jail, up to $2,000 fine |
||
|
First DWI with an open container of alcohol in immediate possession |
Class B misdemeanor |
Six days to 180 days in jail, up to $2,000 fine |
|
Second DWI with a qualifying prior conviction |
30 days to 1 year in county jail, up to $4,000 fine |
|
|
Third or subsequent DWI with the required prior convictions |
2 to 10 years in prison, up to $10,000 fine |
|
|
First DWI with a BAC of 0.15 or higher when the specimen was tested |
Class A misdemeanor |
Up to 1 year in county jail, up to $4,000 fine |
|
DWI with a passenger younger than 15 |
180 days to 2 years in state jail, up to $10,000 fine |
Under Texas Penal Code § 49.07, if the incident caused serious bodily injury to another person, the charge becomes intoxication assault, which is generally a third-degree felony.
If the intoxication-related incident causes the death of another person by accident or mistake, the charge is intoxication manslaughter. This is also a felony DWI, and the charge level is usually a second-degree felony.
For DWI committed on or after September 1, 2025, it becomes a state jail felony under Texas Penal Code § 49.04(e) if the offense occurred in a school crossing zone during the time the reduced speed limit applied.
Note: The actual sentence depends on the case circumstances, applicable sentencing rules, and any lawful DWI probation or other sentencing arrangement.
Are There Additional State Traffic Fines For Under the Limit DWI?
A qualifying DWI conviction can carry an additional state traffic fine under Texas Transportation Code § 709.001, separate from the criminal fine for the offense.
The amount depends on the person's qualifying conviction history and whether the case involved a BAC of 0.15 or higher when the specimen was tested.
- $3,000 for a first qualifying conviction within 36 months,
- $4,500 for a second or subsequent qualifying conviction within that period, or
- $6,000 if the evidence shows a BAC of 0.15 or higher when the specimen was tested.
If the court makes a finding of indigency, it must waive the fines and costs imposed under this section.
Other Possible Consequences of Under the Limit DWI
Depending on the charge, criminal history, case outcome, and court orders, an under the limit DWI may also have the following consequences:
- Community service
- Court-ordered alcohol or drug education
- Substance abuse evaluation or treatment
- Installation and use of an ignition interlock device
- Employment or professional licensing problems
- Immigration consequences for some non-citizens
- Increased insurance costs
- A public criminal record
The firm's 2025 Texas DWI case data shows that 23.9% of resolved cases resulted in probation-related outcomes, including 16.7% that ended in straight probation and 7.2% that involved a reduced charge with probation. These percentages are based on all resolved DWI cases, not just cases resulting in probation, and do not represent statewide Texas outcomes.
Helpful Fort Worth DWI Resources
- Misdemeanor Courts and Dockets: Lists the ten county criminal courts in Tarrant County, their locations, contact information, and local rules.
- ALR Hearing Request Form: Allows eligible drivers to request a hearing to challenge a proposed ALR license suspension.
- Drunk Driving Information: NHTSA explains alcohol's potential effects at different BAC levels and provides federal impaired-driving research and safety information.
Consult an Under the Limit DWI Attorney in Fort Worth
A BAC below 0.08 does not automatically defeat a DWI charge in Fort Worth. The State may still rely on officer observations, roadside tests, and other evidence to claim that you were impaired. A defense review can help determine whether that evidence supports the charge or reveals weaknesses in the State's case.
Contact Michael & Associates to review the evidence, identify possible defense issues, and address any driver's license issues. We have a 63.6% win rate in DWI jury trials, based on acquittals, dismissals, and directed verdicts, although past results do not guarantee a similar outcome.
Our Fort Worth DWI defense team includes Ryan Eady, a board-certified specialist in criminal law and former First Assistant District Attorney and Chief Felony Prosecutor. His prosecution experience can help provide insight into how the State may try to prove intoxication when the reported BAC is below 0.08.
Set up a free, confidential case review today.
