DWI Texas Law

The state of Texas has a .08 blood alcohol concentration limit for intoxication. However, a driver may be issued a citation for impaired driving due to alcohol or drugs regardless of the amount of alcohol. Impairment can begin with the first drink. Depending on body weight, gender, and the food in one's stomach, a person's tolerance varies. In general, women, smaller people, and younger people do not have high tolerances.

Once you are stopped, you will be asked to take a blood or breath test. You can deny. However, you will then be automatically subjected to a 180 day driver's license. In the state of Texas, punishment for DWI depends on the number of previous convictions.

For a person's first DWI offense, they will spend between 72 hours and 180 days in jail. In addition, they are subject to fines up to $2,000 and their driver's license will be suspended for a minimum of 90 days and a maximum of a year. A second offense carries a possible fine of $4,000. An offender will spend between a month and a year in jail. Their driver's license will be suspended for a maximum of 2 years. If a person is convicted of DWI the third time, they face up to 10 years in prison, a $4,000 fine, and a driver's license suspension for up to 2 years.

If you are found in possession of alcohol and are under 21, the following will occur on the first offense: 30 day driver's license suspension, 8 to 12 hours of community service, alcohol-awareness classes and a fine of up to $500. If a second or third offense occurs, the driver's license can be suspended 180 days. If the offender is above the age of 17 they face a maximum of $2,000 in fines and 180 days in jail for the third offense.

If you are under the legal drinking age of 21 and are drinking and driving, the following will occur: 60 day driver's license suspension, $500 fine, 20 to 40 hours of community service, an alcohol awareness classes. Penalties increase with subsequent offenses.

The state of Texas has a zero tolerance rule. That means an individual under the age of 21 cannot possess any alcohol in their blood. The above consequences will occur if the amount of alcohol is very minimal. If the BAC is .08 or greater and the individual is 17 they face up to 180 days in jail.

If you are facing DWI charges contact, contact http://www.dwi-lawyers-austin.com for legal help.

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Biological Causes of Breathalyzer Error

Police officers and prosecuting attorneys would like for everyone to believe in the infallibility and reliability of breathalyzer machines. If breath test machines were truly 100% accurate, convicting or exonerating suspected DWI offenders would be fairly easy; simply compare an individual's readings to the accepted legal limit.

But despite the claims of prosecutors and policemen, the same science used to design the breathalyzer also shows that any number of biological factors can cause erroneous readings. If you are arrested for DWI, an adverse breath test result is not the end of the line.

The "Partition Ratio"

The "partition ratio" is a comparison of the alcohol in blood and the corresponding amount of alcohol carried on the breath. Most breathalyzers operate using a 2100 to 1 partition ratio; i.e., the assumption that there is 2100 times as much alcohol in one milliliter (ml) of a person's blood as there is in one ml of the same person's breath.

However, studies show that, while the majority of the population may have partition ratios close to the 2100 to 1 ratio assumed by breathalyzers, this ratio is not constant, and fluctuates even within the same individual over time. Furthermore, documented partition ratios in normal human beings range from 1300:1 to 3100:1, meaning that there could be significant disparities between an individual's results and his/her actual blood alcohol content.

Hematocrit and Breathalyzer Error

A person's hematocrit (HCT) is a measurement of how much of his/her blood volume is composed of red blood cells. Because red blood cells are the oxygen-carrying cells in the blood, they affect the rate at which blood alcohol leaks into the air through alveoli in the lungs.

Though some breath test machines are calibrated for an average 46% hematocrit, such a number is not representative of the natural variations found across the population. In fact, the spread of possible hematocrit percentages is usually considered to be as large as 10%. A person with a hematocrit at the lower end of this range would receive falsely elevated test results.

The Result?

Some studies have shown that, in calculating an individual's true blood alcohol concentration (BAC), breathalyzers can be 'off the mark' by as much as 15%. Furthermore, nearly 1 in 4 people receive breath test results higher than their actual BAC - hardly meeting the standard of "beyond a reasonable doubt."

For more information, visit the website of Austin DWI attorneys Morales & Navarrete at http://www.dwi-lawyers-austin.com.

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