Posts tagged Blood Alcohol Level

Houston DWI Conviction Laws and Questions

Jul 21st

Posted by author in DWI attorney Houston

Reader’s Question:

A friend of mine has been charged for DWI in Houston, Texas. I’m very much concerned because I was told that if he will be convicted, his punishment can be enhanced. What does this mean and what are the circumstances under which a punishment can be enhanced?

Will

Houston, TX

There are statutes governing DWI laws in Houston. A driver can easily lose his driver’s license if he has one swig too many. One good thing about Houston DWI laws, though, is that it has definitely brought down the accident rate due to drunken driving in Houston, Texas.

Houston DWI laws include implied consent laws which mean that when the Department of Motor Vehicles (DMV) issued a license to a driver, he/she had legally agreed to or implicitly agreed to submit to chemical testing at the request of a law enforcement official, as and when you are required to do so. If he/she fails to consent to these laws, then he/she is in danger of further enhancement of the punishment. Punishment can further be enhanced under a variety of circumstances. If the DUI suspect has a prior Houston DWI conviction, he/she will naturally face stiffer penalties for subsequent DWI offenses.

DWI conviction is also harsher when children are involved in the accident, when excess speeding is involved or during cases where the defendant has a particularly high level of oxygen in the blood. The blood alcohol level should not exceed 0.08 percent. Moreover, a felony DWI conviction means that the conviction remains permanently on the driver’s record.

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Blood Alcohol Level Test Houston Texas

Jun 23rd

Posted by author in Blood alcohol level tests

Reader’s Question:

My cousin was charged for DUI here in Houston. It is so hard to believe the accuracy of the tests being done by the police after being pulled over because of a traffic accident. How accurate and reliable are the means of the police to determine alcohol concentration?

Anne

Houston , TX

In the State of Texas , the law provides that testing of alcohol concentrations can be performed by analysis of a suspect’s breath, urine or blood. All of these methods of testing, however, leave much to be desired.

Blood testing is thought by the majority of forensic scientists to be the most reliable and accurate means of alcohol concentration determination. From a police perspective, though, it is also thought to be the least convenient and least desirable method of testing. Like the testing of urine specimens, it provides an opportunity for the suspect to recheck the blood test. The validity of the police test can be attacked by re-testing the exact specimen taken by police if found to be erroneous.

On the other hand, breath testing from a police perspective is the most convenient means of alcohol concentration determination. But there continues to be a heated debate among scientists. Breath samples are not preserved for subsequent checks of the initial test’s validity under current procedures for breath testing in Houston,Texas . Having a good DUI lawyer would definitely help your brother challenge the result of the breath test.

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