CapnMac
Member
IIRC, Texas Law recognizes two different BAC levels. One, the 0.08 standard defines "drunkenness." The other, unspecified level, represents "impairment"--which is a different thing.
Numerous DoT, including TxDoT, studies show that impairment begins at 0.02 BAC. That level, on average, is one beer in 60-70 minutes. Which means it's a level nearly undetectable by the person imbibing.
This is a thorny area now, and barring any shenanigans, will be even more so after 1 January 2016, when the word "concealed" is struck from almost every instance it occurs within the plethora of Texas Codes.
Edit to add: We Texans also need to be aware of the 'appearance' of what we do, too. Say you stop to grab a bite at a crowded restaurant, so you accept an offer to be seated at the bar instead. A jury might be swayed by your receipt showing that you did not buy a drink; whether they will concur that you did not have an unpaid for drink remains subject to question.
Numerous DoT, including TxDoT, studies show that impairment begins at 0.02 BAC. That level, on average, is one beer in 60-70 minutes. Which means it's a level nearly undetectable by the person imbibing.
This is a thorny area now, and barring any shenanigans, will be even more so after 1 January 2016, when the word "concealed" is struck from almost every instance it occurs within the plethora of Texas Codes.
Edit to add: We Texans also need to be aware of the 'appearance' of what we do, too. Say you stop to grab a bite at a crowded restaurant, so you accept an offer to be seated at the bar instead. A jury might be swayed by your receipt showing that you did not buy a drink; whether they will concur that you did not have an unpaid for drink remains subject to question.
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