In the state of Texas, a person is considered legally intoxicated if their BAC (blood or breath alcohol concentration) is at 0.08 percent or higher. Under certain circumstances, your BAC can be less than 0.08 percent; if the officer believes you were placing the public in danger because of your impairment, you might still be charged with a DWI in Texas. Women, younger people, and smaller people will typically become impaired with less alcohol than men, older people, and larger people, although this does not always hold true.