Can a person be charged with a DWI if their BAC is below 0.08%?

A person can indeed be charged with a DWI (Driving While Intoxicated) even if their Blood Alcohol Concentration (BAC) is below 0.08%. This is because the law states that an individual can be deemed legally impaired regardless of their BAC level if they demonstrate a lack of normal mental or physical faculties due to the consumption of alcohol or drugs.

In Texas, the 0.08% BAC is the threshold for presumption of intoxication; however, law enforcement can still charge someone with DWI based on observable signs of impairment. These signs might include erratic driving, difficulty in performing motor tasks, judgment impairment, or any other behaviors that show the individual is not able to operate a vehicle safely.

Thus, the correct response acknowledges that impairment is the key factor for a DWI charge, not strictly the BAC percentage.