re: #196 Michele: Out of the closet, Into the fire

Odds are he’ll walk on a technicality.

Jones had a blood alcohol level of 0.076 at 11:55 p.m. and a level of 0.079 at 11:59 p.m. The legal blood alcohol limit while driving in Texas is 0.08.

What is the Texas law between DUI and DWI?

From Wikipedia on “Drunk Driving”:

All states have a “catch-all” provision designed to cover those circumstances where the person is below 0.08%, but the person still appears impaired by definition of law. These types of “catch-all” statutes cover situations involving a person under the influence of drugs or under the combined influence of alcohol and drugs. With the advent of the legalization of marijuana, these catch-all provisions cover those prosecutions pursuing those charged with driving under the influence of drugs or even drugs and alcohol.

So perhaps he doesn’t get the major charge due to being under 0.08%, but still gets caught by the “catch-all”.