Q: How much trouble can I get in to if my alcohol level was at 0.05??? In texas
A: In Texas, intoxication is defined as a BAC of 0.08 OR loss of the normal use of your mental or physical faculties. You may still be charged with DWI (up to 180 days in jail and $2,000 fine). However, if charged, this is a much more difficult case for the DA to prove. They would likely offer a lesser offense since it's not a case they would want to try.
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