Legal Question in DUI Law in Texas

Re: Breathalizer reading @ .08

You are legally intoxicated if at the time of driving you have a blood alcohol content of .08 or greater or if you have lost the normal use of your physical or mental faculties by reason of alcohol consumption.

You should consult an attorney about this charge as it has serious consequences. Depending on the facts of the case, your attorney may advise you to try the case. For example, if you were arrested shortly after you consumed the alcohol your blood alcohol level may not yet have risen to .08. Also the machine that tested you, like all machines is not guaranteed to be 100% accurate, but accurrate within a certain range, say plus or minus .05 percent. Since you are right at the edge, that may be enough for reasonable doubt.