Because alcohol affects people at different rates, states across the nation have decided to enact a standard legal blood alcohol content (BAC) limit that is used to determine if a driver is impaired. Texas is no exception–any driver caught with a BAC of .08% or higher may be charged with driving while intoxicated (DWI) and subject to harsh penalties, which could include jail time and large fines.
While there are many people out there who believe that failing the breathalyzer or blood test will result in an automatic conviction, this certainly is not true. With a qualified Austin DWI attorney on your side, you may be able to refute the BAC reading in an effort to beat your drunk-driving charges.
When you are arrested for DWI, the law enforcement agent will ask you to submit to a blood or breathalyzer test. Of the two, the blood test is the most accurate; however, the breathalyzer is used more often because of its convenience. Only rarely is a urine test used, unless the officer suspects that a driver is under the influence of drugs or other intoxicating substances.
With the breathalyzer test, the machine user will ask you to blow into a tube until asked to stop. The machine then analyzes your breath sample to calculate how much alcohol must be in your bloodstream. There are several factors that could impact this calculation, such as having a temperature higher or lower than 98.6 or a breath-to-blood particle ratio other than 2100:1.
For the blood test, you may be transported to a hospital or clinic, where a certified individual will draw your blood. Once the sample is drawn, it will be transported to a crime lab for analysis. This test is far from perfect–if the blood is drawn, stored, or transported improperly, your attorney can move to throw out the results.
DUI defense is a complicated field, especially since the evidence is so scientific. Fortunately, Attorney Ken Gibson has undergone rigorous training to understand the tests used to determine BAC. By looking into your results, and working with an expert, he may be able to develop a defense that gets your drunk-driving charges reduced, dismissed, or acquitted.
For a free consultation on your DWI case, please call our office today to set up your appointment.