Posts tagged Blood Alcohol Content

How Accurate is a Houston Texas DUI Breath Test?

Aug 13th

Posted by author in Blood alcohol level tests

Reader’s Question:

I have been helping my brother through his DUI case in Houston, Texas for months now. I’ve done a good deal of research on this and I know that police officers are supposed to do tests on you on the spot if you’re suspected of DUI like the breath test. My brother says it took about more or less an hour for the police officer to do a breath test. Can this affect the accuracy of their charge against my brother’s case?

Frances

Houston, TX

You’re right to suspect the inaccuracy of the tests used for DUI arrests especially on how they’re applied. The breath test, the most common test that people take once they are taken to the police station, is already highly susceptible to error. If this test is not taken immediately or the timing was inaccurate, then it will not accurately measure the blood alcohol content and this can turn the tide on your brother’s DUI case. There are a lot of instances like this, especially in densely populated areas such as Houston, Texas, where the accuracy of the breath test alone has been the factor for judges to dismiss DUI cases.

For example, most testers assume that your normal breath temperature should fall on a certain level but studies have shown that some people can have higher breath temperatures due to many other factors that may not have anything to do with being intoxicated.

Your metabolism also plays a big role in how fast it absorbs and gets rid of the alcohol in the body, a slower metabolism means that you can still fail the breath test even if it’s been hours since your last bottle, this can be helpful in arguing your brother’s DUI case if you suspect him having slow metabolism. One should not be tested within 15 minutes after vomiting, hiccupping or belching since these increases the amount of alcohol in your breath. Dentures can trap the alcohol in your mouth too. I suggest you get a good idea if your brother’s using any products or medications that can have other chemical compounds that can come up as alcohol since the tester only detects part of the alcohol molecule called the methyl group and this can inflate the result of the test to your brother’s disadvantage.

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Can The Smell of Alcohol Be Enough in Houston DUI Arrest?

Jul 30th

Posted by author in Blood alcohol level tests

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.

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Beating a Houston DUI Case

Jul 24th

Posted by author in DUI Lawyer in Houston TX

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.

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Been Caught Drunk Driving in Houston Texas?

Jul 10th

Posted by author in DUI Lawyer in Houston TX

Reader’s Question:

Luckily for me, I have never been caught drunk driving here in Houston, Texas. I know many people who have been charged with DUI. I hope the same thing will not happen to me because I know it would cost me a lot of time, money and effort. But if ever, what will the police officer ask me if I will be stopped for DUI suspicion?

Dennis

Houston, TX

When you are caught by a police officer for a DUI suspicion, a chain reaction of legal steps ensues. Drunk driving in Houston, Texas is a serious offense. The state of Texas requires blood alcohol content (BAC) of drivers to be .08% or less. Texas also has harsher punishments for drivers with extremely high BAC levels over .15 percent.

Generally, if a police officer stops you for DUI suspicion, you will be asked to perform field sobriety tests (FST) or an actual sobriety test to measure your level of intoxication. There are several testing options exist including breath, urine and blood tests. The state of Texas has implied consent law about sobriety tests. That means that if you get behind a wheel, are implying consent to take an alcohol test on the spot if requested. You, as a driver, usually have choice of tests. Breath testing is easier to challenge for accuracy than blood tests but breathalyzers do not scan for the presence of other drugs. If you refuse the test or have a BAC level over the limit, the police officer will probably take you into custody at the local police station. It is likely someone will have to pick you up or you will have to sleep overnight at the station to sober up, depending on your previous charges.

At this point, you will need an assistance of a qualified DUI lawyer in Houston, Texas to make sure that you know all the available options on your DUI case if ever you will be charged with one in the future.

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