Bill > HB4940

This bill adds a new legal defense for individuals charged with intoxication-related offenses in Texas. Specifically, the bill allows a person to argue as a defense that they consumed alcohol after the time of the alleged offense but before their blood, breath, or urine was tested, which resulted in their alcohol concentration being 0.08 or higher at the time of testing. This means that if someone can prove they drank alcohol after being stopped or arrested, but before their sample was analyzed, they could potentially avoid prosecution for an intoxication-related charge. The new law will apply only to offenses committed on or after September 1, 2025, and will not retroactively apply to offenses committed before that date. This provision essentially creates a legal mechanism to challenge blood alcohol concentration (BAC) test results by introducing the possibility that post-incident alcohol consumption could have artificially raised the detected alcohol levels.

Justice

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB4940