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When is a Driver Considered Legally Intoxicated in San Antonio?


— March 21, 2023

Those who are pulled over and found to have an open container of alcohol in their car are doing something illegal and will have to face the legal consequences for their actions.


Drivers not only risk their own life, but they also risk the lives of those around them when they drive while intoxicated. Drivers should never operate their vehicle while intoxicated so they can keep everyone safe and so they don’t have to face the legal consequences of their choices. In Texas, drivers are considered legally intoxicated if their blood alcohol concentration (BAC) is found to have been at 0.08%. However, if a person’s ability to drive is affected by their intoxicants, they are also considered legally intoxicated even if their BAC is below 0.08%. The rules are much stricter for minors, or individuals who are under 21 years old. If a person is under 21 years old, it is illegal for them to operate their vehicle with any amount of alcohol in their system.

Those who do make this mistake should get in touch with lawyers right away to examine the options they have regarding their case. San Antonio DWI attorneys are highly skilled and knowledgeable and can guide a person when there seems to be no way to improve their situation. 

Whether a person has a high BAC or they simply lost control of their faculties due to their consumption of intoxicants, they will be up against serious fines if the prosecutor wins. They will have to face up to $2000 in fines and 180 days of jail time as well as a loss of their license for up to a year. It is important to keep in mind that these general consequences are only for a first time offense. Consecutive offenses will come with more penalties. For instance, a second offense will lead to up to $4000 in fines, one month in jail and loss of one’s license for two years. A third offense will lead to a $10,000 fine, 2-10 years in jail and a loss of license for up to two years. Texas DWI attorneys can help individuals build a proper defense so they do not have to face more penalties than absolutely necessary for their case.

Drunk and drive. Man behind the wheel with open beer bottle; image via Imagesource.io.
Drunk and drive. Man behind the wheel with open beer bottle; image via Imagesource.io.

The penalties will increase, and decrease based on each driver’s situation. For instance, if they had a child under 15 in their vehicle at the time of the DUI, they may also be charged with child endangerment and fined a lot more. In such complicated and high-stakes situations it is always a good idea to get in touch with DUI attorneys and act on their advice regarding one’s case.

Is it Illegal to Drive with Alcohol in the Car in San Antonio, Texas?

Those who are pulled over and found to have an open container of alcohol in their car are doing something illegal and will have to face the legal consequences for their actions. Anyone who needs help with their case should contact DUI accident lawyers and begin building a proper defense. 

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