Why Texas Drivers Can Face DWI Charges Even Without a BAC Over 0.08

Most people assume that getting a DWI in Texas means blowing over the legal limit on a breathalyzer. It seems straightforward that no failed breath test means no DWI. But that's wrong. In reality, you can be arrested, charged, and even convicted of DWI in Texas without ever failing a breath test. In some cases, you might not even take one at all. Should you find yourself in this situation, it's important to understand how Texas law operates and what steps to take to protect your rights.

What does Texas law actually say about DWI?

Under Texas Penal Code §49.04, you can be charged with DWI if you are:

• Driving a motor vehicle in a public place
• You don’t have the normal use of your mental or physical faculties because of alcohol, drugs, or both

You’ll also be charged with DWI if your blood alcohol concentration (BAC) is 0.08% or higher. That’s the number everyone hears about. But you don’t need to hit 0.08 to be considered legally intoxicated. If the officer believes you’re impaired (even slightly), you can still face a DWI charge.

How can you get a DWI without failing the breath test?

There are a few ways this plays out. Let's say you get pulled over, maybe for swerving or rolling through a stop sign. The officer approaches your car and begins making observations.

They might notice:

• The smell of alcohol
• Slurred speech
• Red or watery eyes
• Trouble finding your license or registration
• Slow or clumsy movements
• Confusion or trouble answering questions

If they see enough signs of impairment, they can ask you to step out and take field sobriety tests. These are the tests where you’re asked to walk a straight line, follow a pen with your eyes, or stand on one leg. If you don’t perform those well (even if you’re under the legal limit), they can arrest you and charge you with DWI based on observable signs of intoxication.

What if you refuse the breath test altogether?

In Texas, like in many states, there's something called implied consent. That means by driving on Texas roads, you've legally agreed to take a chemical test (e.g., breath or blood test) if an officer suspects you're driving under the influence. You can refuse a breath test, but there are consequences. These include:

• Automatic license suspension (typically 180 days for a first refusal)
• The officer may get a warrant for a blood draw anyway
• Your refusal can be used against you in court

Importantly, refusing the test won’t stop you from getting arrested. The officer just needs enough reason to believe you’re impaired, and they can still charge you without a breathalyzer result.

What if you pass the breath test but still seem impaired?

Even if you blow under 0.08%, you’re not necessarily off the hook. That’s because alcohol affects everyone differently. Someone could be legally intoxicated, which means their mental or physical abilities are compromised, even with a BAC of 0.05 or 0.06.

There's also the drug factor. If the officer believes you’re under the influence of marijuana, prescription drugs, or other substances, a breathalyzer won’t catch that. In those cases, they might bring in a drug recognition expert or request a blood test instead. So yes, you can pass a breath test and still be arrested for DWI, especially if drugs, medications, or alcohol tolerance are involved.

What about legal medications? Can they lead to a DWI?

Texas DWI laws don’t just apply to illegal drugs or heavy drinking. If you’re taking a prescription or over-the-counter medication that makes you drowsy, dizzy, or otherwise impairs your ability to drive safely, you can still be charged. For example:

• Painkillers (even prescribed ones)
• Sleep aids
• Anxiety medication
• Certain antihistamines

Even if you took the medicine as prescribed, you’re still responsible for how it affects your driving. The law doesn’t make exceptions for “legal” drugs if they leave you impaired behind the wheel.

What kind of evidence do police use in DWI cases without a breath test?

When there's no breath test or you pass it, the prosecution leans heavily on other forms of evidence. These might include:

• Police dashcam or bodycam footage
• Field sobriety test performance
• Statements you made (like “I only had a couple drinks”)
• Witness accounts of your driving
• The officer’s own testimony
• Blood test results, if one was taken

In court, all of this can be used to convince a jury that you were intoxicated, even if there’s no breathalyzer result on record.

How can a DWI attorney help in this situation?

If you’ve been charged with DWI and didn’t fail a breath test (or never took one), you might assume the case is weak. But don’t count on the system letting you off easy. Prosecutors often double down on officer testimony and field sobriety tests. That’s where having a skilled DWI defense lawyer helps. An attorney can:

• Challenge the legality of the traffic stop
• Question how field sobriety tests were administered
• Dispute the officer’s interpretation of your behavior
• Highlight alternative explanations (fatigue, health issues, anxiety)
• Suppress evidence gathered improperly

A drunk driving arrest can turn your life upside down, but it doesn't have to impact your freedom and future. Amanda Webb – DWI Lawyer takes every case seriously, whether you made a mistake or were wrongfully charged.

Attorney Webb knows how to challenge field sobriety tests, breathalyzer results, and police errors that could lead to a case dismissal or reduced penalties. With years of experience in Texas courts and a reputation for tough, smart legal defense, she’ll fight for your rights, your license, and your freedom.

The sooner you act, the stronger your defense will be. That’s why your next step should be contacting our office for a free consultation. If you’ve been arrested for DWI in Conroe, Montgomery County, or anywhere in Texas, don’t wait. Contact us today and get a strong legal advocate on your side.

"Wonderful communication, thorough documentation, and pulled out all the best punches. Would recommend them to anyone in a pinch. I know who I’d go to if I got in trouble again. Amanda is an angel." - Andreas B., ⭐⭐⭐⭐⭐

In Texas, a DWI Could Cost You More Than Just Your License

A DWI conviction in Texas carries severe penalties—loss of driving privileges, substantial fines, and, in some cases, jail time. But what many people don’t realize is that a DWI can also impact your right to legally own or carry a firearm.

This isn’t just a concern for gun enthusiasts. It matters to hunters, concealed handgun license holders, and anyone in Texas who believes in their Second Amendment rights. If you’ve been arrested for driving while intoxicated, understanding how your case could affect gun ownership is essential, and acting fast with the help of a DWI defense lawyer to protect your rights is critical.

Texas Gun Laws and DWI Convictions

Texas has some of the most well-known gun rights protections in the country. But a DWI conviction can still limit those rights, especially when it intersects with state and federal restrictions.

Under Texas law, if you're convicted of a Class A or Class B misdemeanor DWI, you automatically lose your right to carry a handgun outside your home, car, or property for five years. That means your license to carry (LTC) becomes invalid. Even after that five-year period, you’ll be classified as a “chemical dependent person,” which can prevent you from renewing or obtaining a handgun license again.

That’s just the start. If your DWI is charged as a felony—for example, because it’s your third offense, involved a child passenger, or caused serious injury—you could lose your gun rights permanently under federal law.

Federal Restrictions After a DWI Conviction

The federal government takes a harder line. Under federal law, anyone convicted of a felony is prohibited from possessing firearms for life. That means even if Texas law would allow you to apply for relief or restoration of rights, federal law will still block your ability to legally buy or own a gun.

There are also situations where federal law can apply even in misdemeanor DWI cases, especially if your conviction is tied to domestic violence or if you're subject to a protective order at the time of arrest.

This creates a dangerous trap for anyone trying to navigate both state and federal firearm laws after a DWI. What might seem like a minor misdemeanor in a Texas courtroom could quietly disqualify you from legally owning a firearm under federal rules.

Why This Matters for LTC Holders, Hunters, and Gun Owners

If you own firearms for hunting, sport, self-defense, or work, a DWI conviction can severely limit what you can legally do. You may be forced to give up your guns, delay renewing your license to carry, or stop carrying altogether. If you’re caught carrying or owning a gun while prohibited, you could face serious federal charges—even if you didn’t know you were breaking the law.

Many responsible gun owners end up blindsided by these rules because they assume the criminal charge won’t go beyond fines or license points. But firearm restrictions are one of the most overlooked long-term consequences of a DWI.

How Amanda Webb Can Help Protect Your Rights

Attorney Amanda Webb has spent her career helping Texans fight back against unfair DWI charges—and part of that fight includes protecting what matters most to you, including your right to bear arms. From her office in Conroe, she represents clients across Montgomery County and the greater Houston area who are facing life-changing consequences after a drunk driving arrest.

Her approach is aggressive, strategic, and built on years of courtroom experience. She doesn’t just look at the surface of a DWI charge. She digs into how the stop was conducted, whether your rights were violated, and what evidence can be challenged. A strong defense can lead to reduced charges, dismissals, or even full acquittals—and that can be the difference between keeping your gun rights or losing them for years, or even for life.

Don’t Risk Losing Your Rights. Take Action Now

If you’ve been arrested for DWI in Texas and you own a firearm, you need to speak with a criminal defense attorney who understands how these laws intersect.

Attorney Amanda Webb will work quickly to protect your rights, challenge the prosecution’s case, and fight for the best possible outcome—because your future and your freedom are on the line. Give us a call or request a free consultation online. We are available 24/7.

"Hands down the best lawyer and attorney in the county. I had a few cases, and thanks to Patrick and Amanda, they helped me out plenty of times. Also, very affordable." — Diego E., ⭐⭐⭐⭐⭐

Video Evidence in a Texas DWI Case Can Strengthen or Complicate Your Defense

Getting arrested for DWI in Texas is overwhelming. Your reputation, freedom, and future are all on the line. And in today’s world, there’s a good chance that your arrest—everything from the initial traffic stop to the field sobriety tests—was recorded. That dash cam footage might feel like your worst nightmare. But it could also be your best defense—if the footage actually tells a different story than what the officer wrote in the report.

At Amanda Webb – DWI Lawyer, we’ve represented countless drivers across Montgomery County and the greater Houston area who were facing life-changing charges. And we’ve seen firsthand how dash cam evidence can either poke holes in a DWI case—or seal a conviction. That’s why it's critical to have a Texas DWI defense attorney who understands how to analyze, challenge, and use that video to protect your rights.

The Value and Risk of Dash Cam Footage in a DWI Arrest

Video can often carry more weight than testimony, especially in a courtroom setting where credibility matters. Unlike police reports, dash cam footage shows what actually happened during the stop—how you were driving, how you spoke, how you walked, and how the officer treated you.

In some cases, the footage clearly contradicts the officer’s claims. Maybe the report said you were swerving all over the road, but the video shows steady, controlled driving. Maybe the officer claimed you slurred your speech, but the audio reveals you were calm and coherent. That kind of evidence can be a game-changer in fighting the charges.

But the camera doesn't always work in your favor. If the footage shows clear signs of intoxication, slurred speech, or poor balance during field sobriety tests, prosecutors will use it to their advantage. A seemingly minor misstep—like hesitating when answering a question—can be replayed in court and used to build a narrative against you.

Why You Need a Lawyer Who Knows How to Interpret the Footage

Not all video footage tells a complete or accurate story. The angle, lighting, or quality of the audio can leave out key context. That’s why it’s not enough to simply watch the footage. It has to be scrutinized and challenged strategically.

A skilled Texas DWI lawyer can break down the video frame by frame. We ask the right questions: Did the officer follow protocol? Did they explain your rights? Were the field sobriety tests administered correctly? Was there any sign of bias or intimidation? These questions can mean the difference between a conviction and a dismissal.

In some cases, the footage itself may even be inadmissible. For example, if the dash cam was recording in violation of departmental policy or if crucial parts are missing, your attorney may be able to file a motion to exclude it from evidence. Every case is different, but these are the kinds of details that can change the outcome.

How Dash Cam Footage Can Support a Not Guilty Plea

A not guilty plea isn’t just a denial—it’s a strategic decision based on the facts, the law, and the strength of the evidence against you. Dash cam footage can help justify that plea if it shows that:

• You were pulled over without probable cause.
• The officer exaggerated your behavior or responses.
• Field sobriety tests were improperly explained or administered.
• Your rights were not clearly communicated.

In Texas, police officers are supposed to follow strict procedures when conducting a DWI stop. When they cut corners or rush the process, it can affect the admissibility of the evidence and weaken the state’s case. That’s why the video must be reviewed not just for what it shows, but for what it proves.

Dash Cam Evidence Alone Doesn’t Tell the Whole Story

While dash cam footage can be useful, it’s only one piece of a much larger puzzle. Your DWI case may also involve body cam footage, breath test results, witness statements, toxicology reports, and more. The prosecution will try to weave those pieces into a single narrative—that you were intoxicated and a danger behind the wheel.

Your defense has to be just as thorough. At Amanda Webb – DWI Lawyer, we don’t rely on assumptions. We investigate every detail, question every conclusion, and build a defense that tells the full story—not just the version the state wants the jury to believe.

Arrested for DWI in Texas? Protect Yourself Before It’s Too Late

If you’ve been charged with driving while intoxicated in Conroe, Montgomery County, or anywhere in the Houston area, the clock is already ticking. Dash cam footage and other evidence can be requested, reviewed, and used to strengthen your case—but only if you act quickly.

Attorney Amanda Webb has years of courtroom experience fighting DWI charges and knows how to challenge video evidence. Whether the footage helps or hurts your case depends on what you do next.

Every DWI case starts with the same question: What really happened? Let us help you find the answer—and use it to fight for your freedom, your license, and your future. Don’t assume you’re out of options. And don’t plead guilty before you know your rights. Contact Amanda Webb – DWI Lawyer today for a free consultation.

"She beat my felony case in less than an hour. She was amazing. Very professional. Please hire her, she will save your life. Thank you again, Amanda." - Junior M., ⭐⭐⭐⭐⭐

Texas DWI Lawyer Explains the Risks for Non-Citizens

If you’re not a U.S. citizen and you’ve been arrested for DWI in Texas, your legal concerns go far beyond fines and license suspension. A DWI conviction can jeopardize your immigration status—whether you’re here on a visa, a green card, or even seeking naturalization. That’s why it’s critical to speak with a Texas DWI lawyer who understands how criminal charges intersect with immigration law.

How a Texas DWI Conviction Can Affect Your Immigration Case

U.S. immigration law treats criminal convictions seriously—even those that may seem minor. While a single DWI may not automatically lead to deportation, it can still create serious problems, including:

1. Delays or denial of naturalization: DWI convictions can call your “good moral character” into question during the citizenship process.

2. Ineligibility for certain visas or green cards: A DWI conviction could impact your ability to renew or adjust your immigration status.

3. Removal (deportation) proceedings: If the DWI involves certain aggravating factors—like a child passenger, injury to others, or repeat offenses—it could be classified as a crime of moral turpitude or a felony, which are deportable offenses.

4. Problems re-entering the country: A conviction on your record could lead to extra scrutiny or denial of re-entry by U.S. Customs and Border Protection.

Factors That Make a DWI More Dangerous for Immigration

While not every DWI is considered a deportable offense, certain circumstances can increase the risk:

• Multiple DWI convictions

• DWI with a child passenger

• DWI causing injury or death

• Driving without a license or with a suspended license

• Drug-related DWI

These types of cases may be treated more harshly by immigration authorities and could trigger a Notice to Appear (NTA) in removal proceedings.

You Need an Attorney Who Understands Both Criminal and Immigration Implications

If you’re not a U.S. citizen, it’s not enough to hire just any criminal defense attorney. You need a DWI defense lawyer who knows how to protect both your legal record and your immigration status. At Amanda Webb – DWI Lawyer, we understand that the stakes are even higher when your ability to stay in the country is on the line. We’ll take swift action to analyze the evidence, challenge the stop, and work to get the charges reduced or dismissed.

What To Do if You’re a Non-Citizen Facing a DWI Charge in Texas

Don’t wait for immigration consequences to unfold—be proactive:

• Do not plead guilty without speaking to a lawyer.

• Inform your defense attorney immediately that you are not a U.S. citizen.

• Avoid taking plea deals that could be classified as aggravated felonies or crimes of moral turpitude.

• Request a consultation with an immigration attorney if you’re unsure of the long-term impact.

Why Immigration Crackdowns Make DWI Charges More Risky Than Ever

The political landscape in the U.S. can shift quickly—and for non-citizens, that matters. Under both the Biden and Trump administrations, immigration enforcement has included individuals with DWI arrests or convictions, even in cases that didn’t involve injury or multiple offenses.

Now, with increased deportations and bills like the Laken Riley Act, a single DWI charge could raise red flags with U.S. Immigration and Customs Enforcement (ICE). In fact, certain jurisdictions have already ramped up detainers for non-citizens charged with offenses like drunk driving.

The bottom line? A DWI that might have resulted in probation a few years ago could now trigger immigration detention or make you a priority for removal. If you're not a U.S. citizen, it's not just about the court outcome. It's about protecting your right to remain in the country.

One Arrest Shouldn’t Cost You Everything

Amanda Webb is a Texas DWI lawyer who understands what's at stake—and how to build a defense that looks at the big picture. She has been defending Texans charged with DWI since 2009 and understands how serious the stakes are for non-citizens.

If you’re facing a DWI charge in Montgomery County or the Houston area, don’t take chances with your future. We’ll fight for your freedom—and your ability to stay in the country. Give us a call or contact us online now for a free case evaluation.

"I went in today and was given her as my court appointed. She beat my felony case in less than an hour. She was amazing. Very professional. Please hire her she will save your life. Thank you again, Amanda." — Junior M., ⭐⭐⭐⭐⭐

Understanding Your Rights During a DWI Stop

When a police officer pulls you over for suspicion of driving while intoxicated (DWI) in Texas, they must follow strict legal procedures. While law enforcement has the right to conduct stops based on reasonable suspicion, not every stop is lawful. If an officer oversteps their authority, any resulting evidence—such as breathalyzer results or field sobriety test findings—could be challenged in court.

A Texas DWI lawyer can examine the circumstances of your stop, determine if your rights were violated, and fight to suppress unlawfully obtained evidence.

What Makes a DWI Stop Unlawful?

Law enforcement must have reasonable suspicion to initiate a traffic stop, meaning they must observe behavior that suggests you are violating the law—such as swerving, speeding, or running a red light. However, some stops are made without sufficient justification, which can render the stop and any subsequent search or arrest unconstitutional.

A DWI stop may be unlawful if:

• The officer had no valid reason to pull you over.
• The stop was based on a hunch rather than specific observations.
• The officer prolonged the stop without justification to conduct additional questioning.
• The officer coerced you into a search without probable cause or consent.

If a court determines that your traffic stop was unlawful, any evidence collected afterward may be inadmissible—potentially leading to a dismissal of your charges.

How Police Conduct Unlawful Searches After a DWI Stop

The Fourth Amendment protects individuals from unreasonable searches and seizures, meaning police cannot search your vehicle without probable cause, a warrant, or your consent. However, officers often overstep their boundaries by:

• Claiming they smell alcohol or drugs to justify searching your car.
• Using intimidation to get consent for a search you don’t legally have to allow.
• Conducting a search without consent or probable cause, hoping to find illegal substances or open containers.
• Relying on a faulty or improperly administered field sobriety test to escalate the stop into an arrest.

If you were subjected to an illegal search during your DWI stop, a skilled DWI defense attorney can challenge the evidence in court and fight to have your charges reduced or dismissed.

When a DWI Arrest Becomes Unlawful

Even if a police officer had a valid reason to stop you, they still need probable cause to make an arrest. Probable cause means the officer must have clear evidence that you were driving while intoxicated—not just a suspicion.

A DWI arrest may be unlawful if:

• The breathalyzer or blood test was improperly administered or lacked proper calibration.
• The officer arrested you before conducting any tests or field sobriety exercises.
• The field sobriety tests were flawed or unfair, such as being conducted on uneven ground or in bad weather.
• The officer denied your right to remain silent or failed to read your Miranda rights.

If any of these situations apply to your case, an experienced Texas DWI lawyer can challenge the arrest and push for the charges to be dropped.

How To Protect Yourself After a DWI Stop

If you are stopped for a suspected DWI, take the following steps to protect your rights:

• Remain calm and respectful. Arguing with the officer can make the situation worse.
• Do not admit to drinking. Anything you say can be used against you.
• Refuse field sobriety tests. These tests are voluntary, and failing them can be used as evidence.
• Do not consent to a vehicle search. Officers need probable cause or a warrant.
• Ask for a lawyer immediately. If you are arrested, remain silent and request legal representation.

Fight Back With an Experienced Texas DWI Attorney

A DWI charge can derail your life, but it doesn’t have to define your future. If you believe your rights were violated during a traffic stop, arrest, or search, you need a strong legal advocate on your side. Attorney Amanda Webb has built a reputation as a tough and strategic DWI defense lawyer who knows how to challenge unlawful police actions and protect her clients from unfair convictions.

As a former Montgomery County prosecutor, Amanda has insight into how the other side builds its case. She has handled countless DWI and criminal defense cases, giving her the knowledge and courtroom experience necessary to expose weaknesses in the prosecution’s evidence. From challenging the legality of your stop to questioning the reliability of field sobriety tests and breathalyzers, she leaves no stone unturned in building your defense.

Contact Amanda Webb Today

Amanda Webb has a proven track record of securing dismissals, reduced charges, and favorable verdicts for clients facing DWI and criminal charges in Conroe, The Woodlands, Houston, Montgomery County, Waller County, and surrounding areas.

Your freedom is too important to leave to chance. If you’ve been arrested for DWI in Texas, take control of your defense today. Contact Amanda Webb for a free consultation to discuss your case, explore your potential options, and develop a legal strategy that puts you in the best position for success.

"Wonderful communication, thorough documentation, and pulled out all the best punches. Would recommend them to anyone in a pinch. I know who I’d go to if I got in trouble again, Amanda is an angel." — Andreas B., ⭐⭐⭐⭐⭐