The Uses and Misuses of Blood Alcohol Testing
Too many drinks within a given period can put a person above the legal limit for driving. In Texas, driving with a blood alcohol level (BAL) of .08% or above constitutes the crime of driving while intoxicated or DWI. Persons under the age of 21 who drive with any detectable amount of alcohol can be charged with DUI.
As the chart below shows, a number of factors can affect a person's BAL - including weight, the number of drinks, the period of time over which the alcohol was consumed, and others. In addition, the calibrations of the breathalyzer or Intoxilyzer 5000 breath test machine used for blood alcohol testing as well as the actions of the operator of the machine can affect the measurements.
Defining the Legal Limit
The fact that your breath or blood alcohol testing results were above .08, does not necessarily mean that you were above the legal limit. At my practice, The David Hunter Law Firm in Sugar Land, Texas, I defend persons accused of DWI and DUI. I understand the uses and misuses of the blood alcohol testing process and I know how to get to the truth of the matter.
I have extensive advanced training as a Breath Test Operator of the breathalyzer machine known as the Intoxilyzer 5000, and I am a Certified Instructor of the police sobriety tests known as Standardized Field Sobriety Tests (SFSTs). In addition, I have attended the prestigious National DUI College at Harvard to gain a better insight into blood alcohol testing procedures.
Depending on the circumstances of your case, I will seek to obtain a dismissal of the case or a reduction of the charges. If the charges aren't dismissed or reduced, then I will work hard to minimize any criminal penalties you might face.
For example, a blood alcohol testing reading at or near the legal limit may enable me to get the charge reduced from DWI to reckless driving or obstruction of a highway. An abnormally high reading that surpasses the legal limit may indicate a testing or machine error, and provide a means to overcome the charge. Even if you fall in the middle, there may still be effective defense strategies available.
As your attorney, I always aggressively defend your rights and seek to obtain the best outcome possible.
Approximate Blood Alcohol Percentage In One Hour
Subtract .015% for each hour of drinking. One drink is 1 oz. of 80 proof liquor at 40%, 12 oz. of beer at 4.5%, or 4 oz. of wine at 12%.
Chart courtesy of the Texas Alcoholic Beverage Commission.
For a free consultation with David Hunter, call 281-265-1515 or contact us online using the form on the right. Phones are answered 24 hours a day. You can also learn more about blood alcohol testing in Texas.
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