Being Under the Influence of Alcohol Means That...: Exploring the Legal Consequences

When the legal and physiological consequences of this indulgence are being explored, there is one term that crops up time and time again: being under the influence of alcohol. But just what does this phrase entail?

Particularly, being under the influence of alcohol refers to the fact that the person has ingested enough alcohol or drug to compromise their mental or physical faculties in such a way that their ability to drive or perform other activities cautiously and safely is lessened. This state is commonly referred to as ‘intoxication,’ and it involves having an altered ability to make decisions, coordination, response time, and sensory appreciation.

In this blog, we explain what being under the influence means, the legal consequences, and how a McAllen Criminal Defense Attorney can assist you if you find yourself in a harsh legal situation.

• What Does It Mean to Be "Under the Influence"?
• What Does Driving Under the Influence Mean?
• How Is "Under the Influence" Legally Defined?
• What Tests Are Used to Determine Impairment?
• What Is the Legal Limit of Blood Alcohol Concentration (BAC) in Texas?
• How and Why Does Alcohol Affect Your Body?
• What Are the Legal Consequences or Penalties for DWI in Texas?
• First Offense
• First Offense with BAC Over 0.15
• Second Offense
• Third Offense
• Enhanced Penalties for Repeat Offenders
• Other Serious Offenses
• Civil Penalties for DWI Convictions
• What Should You Do If Arrested for Being Under the Influence?
• Conclusion

What Does It Mean to Be "Under the Influence"?

The term “under the influence” commonly implies an impaired mental or physical condition due to alcoholic drinks, other drugs, or both. Being under the influence of alcohol means that a person has consumed enough to impair their ability to perform activities safely. This impairment can affect actions, reactions, conduct, movement, and mental processes, significantly diminishing the ability to operate a motor vehicle or safely perform other tasks requiring concentration and coordination. Being under the influence of alcohol is often associated with a blood alcohol concentration (BAC) level above the legal limit, which varies by country and state.

In Texas, there are very few cases in which someone is charged with a DUI (Driving Under the Influence) and almost all civic and criminal laws in Texas rely on the DWI charge. This charge is attracted to drivers who are caught and proven to be driving a car with a blood alcohol concentration or BAC level of 0. 08% or higher. On the other hand, a DUI or Driving Under the Influence is usually when a minor, or anybody under the age of 21, is found behind the wheel with any amount of any impairing substance in his/her system. The state is also very strict with underage people and has banned any form of taking alcohol in any capacity, minor traces of alcohol in the system attract the juvenile’s DUI charge.

What Does Driving Under the Influence Mean?

DUI stands for driving under the influence and this entails the operation of a car under the influence of alcohol or any other substance including legal substances such as prescribed medications. Thus, this impairment is a considerable threat to drivers, passengers, and other road users because it affects the decision-making processes, coordination, and reaction times. DUI laws are put in place to curb incidences and reduce cases of accidents on the road.


In many jurisdictions, Texas included, a blood alcohol concentration (BAC) of 0.08% or higher is considered over the legal limit but the limit can vary. DUI is strictly penalized with fines, suspension of license, and in extreme cases imprisonment this shows the importance of moderation in taking alcohol and compliance with rules of transport.

How Is "Under the Influence" Legally Defined?

In criminal law, being under the influence of alcohol generally refers to impaired physical or mental abilities due to alcohol consumption. Several factors can determine whether someone is under the influence:

What Tests Are Used to Determine Impairment?

• Field Sobriety Tests (FSTs): An example of impaired body and balance may be determined by the walk-and-turn or one-leg stand test conducted by law enforcement officers.
• Observable Behavior: Factors like the presence of slurred speech, bloodshot eyes, or the smell of alcohol in the subject’s breath are given consideration.
• Blood Alcohol Concentration (BAC): This is a basic measure, Legal limit may differ from country to country but usually ranges from 0. 08%.

What Is the Legal Limit of Blood Alcohol Concentration (BAC) in Texas?

Currently, in Texas, there are specific legal BAC restrictions for the operation of motor vehicles by drivers to reduce the instances of accidents on the roads. The limits are set as follows:

• 0.08%  for most of the drivers above the age of 21. As it will be deducted from the subsequent equations, this means that if a driver’s BAC is 0. 08% or higher, they are legally drunk and can be arrested for the DUI i.e., driving under the influence of alcohol. (DUI)**.
• 0.04% for commercial drivers. Due to the exposures that come with handling big vehicles and moving items or people from one place to another, the minimum is set low to reduce exposure.
• 0.00%  for drivers under the age of 21 and a ban on operations under the influence of alcohol and other related substances because of the zero tolerance for underage drinking and driving. The given regulation is very severe to minimize the likelihood of youth driving after they drink and to raise the general level of safety.

These limits are enforced through roadside sobriety tests and breathalyzer exams conducted by law enforcement officers. These BAC limits and drivers’ penalties vary with the laws of the respective jurisdiction and violation of the law may result in fines, suspension of licenses, and in some severe cases imprisonment.

What is important to understand is that one can be charged with driving under the influence even if the BAC is lower than the legally allowed percentage as long as their level of impairment shows and hinders them from performing tasks safely.

Note**:  In Texas, DUI is usually used only for minor people, under the age of 21, operating a vehicle with any measurable portion of alcohol in their system. Although DWI and DUI are much alike, DUI is often considered a lesser charge compared to DWI for adults but still carries serious consequences.

Learn more about the difference between DUI vs DWI here: What Are The Differences Between DUI vs DWI: Texas

How and Why Does Alcohol Affect Your Body?

Alcohol is a depressant affecting the central nervous system, leading to slowed brain activity and impaired judgment, coordination, and reaction time. When a person drinks, these effects make activities requiring concentration and precision, such as driving, particularly dangerous.

• Stomach: Alcohol can irritate the stomach lining, potentially causing digestive issues such as gastritis or ulcers.
• Dehydration: As a diuretic, alcohol increases urine production, leading to dehydration.
• Overall Health: Chronic alcohol use can lead to long-term health issues, including liver disease, cardiovascular problems, and neurological impairments.

What Are the Legal Consequences or Penalties for DWI in Texas?

First Offense

A first-offense DWI is classified as a Class B misdemeanor, which carries a possible punishment of:

• Up to 180 days in County Jail
• Fine not exceeding $2,000

Often, jail time and fines are probated, allowing for up to 24 months of probation with responsibility for only a portion of the fine. Violating probation can result in a full 180-day jail sentence.

First Offense with BAC Over 0.15

If a person is convicted of a first-offense DWI with a BAC over 0.15, it is classified as a Class A misdemeanor:

• Up to 1 year in County Jail
• Fine not exceeding $4,000

Probation is also possible in this scenario, but the risk increases significantly if probation terms are violated.

Second Offense

A second offense DWI is classified as a Class A misdemeanor:

• Up to 1 year in County Jail
• Fine not exceeding $4,000

Third Offense

A third or subsequent offense is classified as a 3rd Degree Felony:

• 2 to 10 years in the Texas Department of Corrections
• Fine not exceeding $10,000

Enhanced Penalties for Repeat Offenders

• Third Offense with Prior Sentence to Texas Department of Corrections: Enhanced to 2 to 20 years in prison.
• Third Offense with 2 Prior Sentences to Texas Department of Corrections: Enhanced to 25 years to life in prison.

Other Serious Offenses

• Intoxication Assault: Causing serious bodily injury to another person. Classified as a 3rd Degree Felony with 2 to 10 years in the Texas Department of Corrections.
• DWI with a Child Passenger: Arrest with a child under 15 in the vehicle. Classified as a 3rd Degree Felony with 2 to 10 years in the Texas Department of Corrections.
• Intoxication Manslaughter: Causing the death of another person. Classified as a 2nd Degree Felony with 2 to 20 years in the Texas Department of Corrections.

Civil Penalties for DWI Convictions

Texas imposes civil penalties for DWI convictions that do not result in probation:

• Class B DWI Conviction: $3,000 payable within 36 months.
• Class A Misdemeanor DWI Conviction: $6,000 payable within 36 months.

What Should You Do If Arrested for Being Under the Influence?

If you consumed alcohol, even if it is a lower legal BAC limit of less than .08, you can still be charged with DWI by showing other signs of intoxication. If you are arrested for being under the influence in Texas, it's important to remain calm and cooperate with law enforcement. Refusing a blood or breath test may result in immediate suspension of your driver's license and could lead to additional criminal charges.

It is also crucial to seek legal representation as soon as possible. A skilled attorney can help navigate the challenges. Additionally, they can guide how to handle questions from law enforcement and what steps to take after being arrested.

If you were drunk driving and caused bodily injury or death to another person, it is essential to seek legal representation immediately. These types of charges carry severe consequences and require a strong defense.

Lastly, it's important to note that DWI penalties in Texas can be enhanced with previous convictions on your record. It is crucial to take all DUI/DWI charges seriously and understand the potential consequences.

Conclusion

Being under the influence of alcohol means that a person's ability to perform activities safely is impaired due to alcohol consumption. This impairment can have severe legal, professional, and health consequences. Understanding what it means to be under the influence and the potential repercussions can help individuals make informed decisions and stay on the right side of the law.

The Law Office of Rolando Cantu has the experience and knowledge to help individuals facing DUI/DWI charges in Texas. Our team is dedicated to providing aggressive representation and fighting for our clients' rights. If you or a loved one have been arrested for driving under the influence, contact our office today for a free consultation. Let us help you navigate the legal system and protect your future!