Blood Alcohol Concentration (BAC)
Blood alcohol (also called blood-alcohol concentration or BAC) refers to the percentage of alcohol in a person’s body. The effects of alcohol in a person’s system are well documented. A person with a low BAC such as 0.015 percent, will not show any outward signs of intoxication, while someone with a BAC of 0.035 percent can be talkative, somewhat euphoric, but also have difficulties concentrating.
Blood alcohol science encompasses the entire subject of BAC, including how quickly the body absorbs and distributes alcohol when it is consumed, as well as understanding every aspect of the equipment used in BAC testing. If you have been arrested and charged with DWI and were given a blood or breath test to determine your BAC, contact a Houston DWI defense attorney educated in blood alcohol science for qualified legal counsel. A lawyer with in-depth BAC knowledge can provide exceptional legal counsel and representation when fighting DWI charges.
Is BAC Testing Always Accurate?
The tests used to establish BAC in a DWI case are not infallible. Both procedural mistakes and equipment issues could affect test results. A skilled DWI lawyer from Jim Medley & Associates will look for testing errors including:
- Use of equipment that was properly calibrated
- Outdated test kits
- Pre-existing physical conditions that could affect equipment readings
- Contamination of samples
- Improper storage of samples
- Administration of tests by an untrained person
- Errors in administering tests
- Lab errors
Texas DWI Laws & Penalties
You can be charged with DWI if your BAC is 0.08 percent or greater. Your BAC is established with a breath or blood test at the time of your arrest. Challenging the results of blood tests can be an important part of your defense, and could lead to a case dismissal. The firm has the skills and resources to detect any flaws in the testing equipment and procedures that were used that led to your arrest.
Aggressively fighting DWI charges is extremely important, and should begin the moment you are arrested. The penalties for a conviction in a DWI case can result in jail or prison time, fines, alcohol or drug treatment, license suspension and vehicle impoundment. If you have a prior DWI conviction, sentencing is heavier.
Forced Blood Tests
In recent years, drivers in Texas have started experiencing forced blood tests. Through the “No Refusal” program, which has become a nationwide campaign, drivers who are pulled over on suspicion of DWI during certain enforcement periods could be forced to submit to a blood test if they refuse to take a breathalyzer test.
This becomes possible because of a collaborative effort between judges, prosecutors and law enforcement that allows officers to obtain expedited search warrants for blood tests. Texas has made a statewide effort to arrest suspected intoxicated drivers through the “No Refusal” program. While the program has typically been enforced during major holiday weekends, some jurisdictions in Texas have enforced the policy year-round.
Contacting a Houston DWI Attorney
If you have taken a blood test and the results show that you had alcohol or drugs in your system at the time of your arrest, there is still a chance you could receive a not guilty verdict in your DWI case. You will need a knowledgeable DWI attorney to assist you in defending your case in court. Jim Medley & Associates P.C. is an accomplished and recognized DWI defense firm that provides aggressive legal representation in DWI cases in the Houston area. Jim Medley is a proven litigator who also holds a master’s degree in forensic science. He is a DWI test expert who can analyze the methods and results used in your testing to look for errors that may be used to suppress evidence in your case. An aggressive approach in your defense and challenging every aspect of the evidence against you could give you the best opportunity of a dismissed charge or an acquittal in court. Contact their firm today to learn more!