San Antonio Texas DWI – Challenging Blood Alcohol Content (BAC)
The San Antonio DWI attorneys at Parent-Law are knowledgeable and experienced in the science of blood-alcohol content analysis. Blood alcohol breath testing is an inexact science, with tests performed by untrained and overworked police officers using equipment that yields imprecise results. The legal limit in Texas for Blood Alcohol Content is .08%. Just because you are charged with a San Antonio Texas DWI does not mean that you are guilty.
Driving while impaired is the designation for the maximum legal blood alcohol content that is permissible under Texas law and is a factor of both the number of drinks consumed and the person’s weight and sex. For a man who weighs 100 lbs. and has had one drink, his BAC is .04. For a 100 lb. women it would be .05.. Both would be considered to be impaired. At the 2 drink level, the BAC for this same man would have risen to .08 which is considered legally intoxicated. An average man who weighs 180 lbs. and has consumed 4 drinks has a BAC of .08, legally intoxicated. More drinks equal more intoxication.
If you are legally arrested for suspected DWI you are required by Texas’ Implied Consent Law to undergo a blood or breath test. If you fail the breath test, you are within your rights to request a blood test, performed by the physician of your choice, to challenge the results. Refusal to take a breath test may subject you to a 180-day driver’s license suspension for first-time offenders.
Breath tests can and do produce false positives. There are many different makes of breath test equipment and some brands are known to be unreliable. Each brand has its own calibration requirements that must be followed to the tee if the tests are expected to be even remotely accurate. Your San Antonio DWI attorney should analyze the particular brand of a breathalyzer to determine the frequency of calibration that is required and compare that figure to the written police log with regard to calibration. Any discrepancy could be used to have your arrest immediately overturned.
If you are arrested and charges with DWI, call the San Antonio Texas DWI attorneys at Parent-Law today. We take pride in representing clients with a vigorous and zealous DWI defense that includes challenging many areas of potential police misconduct in making the arrest and administering DWI tests.