Posts tagged Breath Tests
DWI Arrest Houston Texas
Sep 28th
Reader’s Question:
I was once stopped by police officers in Houston, Texas for erratic driving. I stopped and explained that I have faulty brakes at the time and looking for the nearest auto repair shop. Still they wanted me to submit to a Breathalyzer test but I refused. What consequences may arise for these kinds of situation?
James
Houston, TX
There may be a lot of instances that a suspected drunk driving may lead to an arrest for DWI. One term being used is what we call “Probable Cause”. If a police officer noticed that you are driving erratically, he can ask you to pull over to check for signs of drunk driving. If his reasonable belief has been justified by physical evidences (such as booze bottles inside your vehicle), he may then ask you to prove that you are not under any kind of substance and alcohol influence. He may first ask you to take tests like walking a straight line. If his suspicions are still strong, they may even ask you to take a breath analyzer test. Refusal to do so may possibly lead to an arrest based on facts and circumstances.
There had been strict law enforcement with regards to safe driving Houston, Texas. There had already been a long debate as to speed limits, alcohol and breath tests just to maintain road safety. So in case you get pulled over by a police officer for a reasonable cause such as over speeding, possible drunk driving and the likes, I suggest you hire a lawyer who is expert in defending road offenses such as DUI. I also recommend getting an affordable auto insurance carrier that would not beat you hard for such troubles.
Do You Take The DWI Breath Test Houston Texas?
Sep 13th
Reader’s Question:
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.
DWI Breath Test Refusal Houston Texas
Aug 29th
Reader’s Question:
I was told several times not to take the breath test if I’m stopped for DWI here in Houston, Texas. Why would I have to do that if I fairly know that my license would be suspended?
Roy
Houston, TX
Yes, it is true that if you refuse to take the breath test when asked to do so in a DWI investigation by a police officer in Houston, Texas, it would almost certainly result in the suspension of your driver’s license. The driver’s license suspension for breath or any blood alcohol test refusal would be for at least 180 days. However, there are a lot of issues about the breath tests and breath testing machines as many have already raised their concerns about the potential inaccuracy of the breath tests.
It would also be difficult for a DWI lawyer to defend the DWI case which involves breath tests. This is one of the primary reasons why even some DWI lawyers think that it would be impossible for them to recommend any driver to voluntarily submit to breath testing in a DWI investigation. They would rather prefer their potential clients to refuse a breath test, even if it means that they might lose their driver’s license for quite a while, especially if their client has had anything more than a single drink of an alcoholic beverage.
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.
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