Posts tagged Bac
Can The Smell of Alcohol Be Enough in Houston DUI Arrest?
Jul 30th
Reader’s Question:
I have read an article that alcohol may not be detected by merely the smell of it. If that is the case then, can we say that the odor of alcohol is not enough for DUI arrest in Houston, Texas?
Shanice
Houston, TX
Yes, the odor of alcohol is really not enough for a DUI arrest in Houston, Texas. A study shows that police may not be able to detect the odor of alcohol on the breath of motorists who are pulled over for investigation. The smell of an alcoholic beverage on the breath of a motorist is very often used by police to create reasonable belief that the person has alcohol in his/her body. A police officer who forms this kind of belief can demand that the person provide a sample of breath into a portable breath test (PBT) device. A person who registers positive on the PBT would be arrested for DUI and taken for breath tests to find out the amount of alcohol in his or her system.
In a recent study, 20 experienced police officers were asked to detect the odor of an alcoholic beverage on the breath of 14 subjects who had blood alcohol content (BAC) that ranges from .00 to .13%. The drinking subjects were not seen in the experiment. The odor of an alcoholic beverage was detected in 2/3 of the subjects for BACs that are below .08%, and 85% of the time when BACs exceeded .08%. The police observers were less successful in detecting the odor of alcohol after food consumption by the drinking subjects. Moreover, the officers were unable to recognize what type of beverage was consumed and it was found that the strength of the odor as noted by police doesn’t have correlation to BAC levels.
Beating a Houston DUI Case
Jul 24th
Reader’s Question:
My father has been charged with DUI in Houston, Texas. This is his first DUI offense and obviously, we want to help him win his DUI case. Is there a way to beat a DUI charge?
Olson
Houston, TX
There are many ways to beat or win over a DUI conviction, even if your father had blood alcohol content (BAC) over the legal limit. An experienced DUI lawyer in Houston, Texas will look at multiple methods to attack the charge. First, the DUI lawyer should look at the stop itself or when your father was asked by police officer to pull over. An officer must have at least reasonable suspicion to make a stop on the highway. A good DUI lawyer would look at all the circumstances surrounding the stop of the vehicle, and make sure all State and Constitutional Laws regarding search and seizure have been followed.
If your father performed a standardized field sobriety test (FST), that test should be scrutinized for mistakes by the officer, and if he has taken a Breathalyzer, then that machine and its operation must be analyzed completely. From lack of probable cause to make an arrest, or reasonable suspicion to make a stop, the police officer not conforming with all the rules regarding breath tests or performing FST’s inaccurately, there are many ways to beat a DUI charge.
Houston Texas DUI Attorney Consultation
Feb 1st
At your consultation with your Houston Texas DUI attorney, your attorney and you will decide where to place the next step forward. However, in order to do this, you will need to know where you stand at the moment. Get as much information as you can about your case so that the two of you can look at it. Some of the most important information is the evidence, because it will make or break you.
- Verbal.
- when pulled over by a police officer, you speak in a slurred voice and mix your words up
- when asked how much alcohol you have had, you answer, whether truthfully or not, that you have had a large amount
- Sight.
- the police officer spots you weaving in and out of other people’s lanes
- you drive in some other unusual/dangerous way
- when asked to walk in a straight line, you can’t
- you have bloodshot eyes
- Tests.
- when given a test to determine your BAC, you have a high result
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