I have heard so many negative things about the reliability of breath tests in a DWI case but I want to know what is the breath test machine used in the state of Texas. And in case I get arrested for DWI in Houston, Texas, should I take the breath test?

Hilda

Houston, TX

I would say, if you get arrested for DWI in Houston, Texas, you may choose not to take the breath test because it has serious problems in accurately determining the quantity of ethyl alcohol present in a breath sample. The breath test machine may be useful in determining if any alcohol is present, but deficiencies in the machine make test results unreliable. It would definitely not make sense to risk your freedom, job, marriage, auto insurance rate and lots of money on a DWI breath test which is fraught with many problems.

Breath tests in DWI cases in the state of Texas are far more common that blood tests. Breath test machines are generally put in prisons for easy access by law enforcement officers, results would be available in minutes, samples are analyzed in an environment completely controlled by police officers, and the process is much cheaper. The state of Texas uses the Intoxilyzer 5000 as a breath test machine in DWI cases.

I have to be cautious now because I often drink and drive on a Friday night but I don’t wanna be charged with DUI. In a DUI case, what are the different field sobriety tests? If I will be caught drunk driving here in Houston, Texas, must I submit to these field sobriety tests and breath test?

Shana

Houston, TX

If a police officer pulls you over on suspicion for DUI in Houston, Texas, you can refuse to take the field sobriety tests if asked to because these tests are voluntary in the state of Texas. The standardized field sobriety testing model is created by the National Highway Transportation Safety Administration (NHTSA) which consists of the One-Leg-Stand Test, the Horizontal Gaze Nystagmus (HGN) Test, and Walk and Turn (WAT) Test. These field sobriety tests could be critical pieces of evidence in DUI cases if breath or blood tests have been found unreliable and suppressed, or if there was a refusal to take a breath test or blood test. But in other DUI cases, these tests could not have much bearing.

On the other hand, you must not refuse to take the breath test because that will lead to automatic suspension of your driver’s license and it could also be used as presumptive evidence against you and could carry additional civil or criminal sanctions.

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.