Category: Blood Tests

What Is A Breathalyzer Test?

Finding Out More Information Regarding Breathalyzer

If you are wondering “What Is a Breathalyzer Test?“, you are not alone. Several people ask themselves this question daily. It is a device used to determine blood-alcohol content and even detect viruses and diseases. Let’s learn more about this instrument. Here’s a quick guide:

Breathalyzer Test Scale

Butler Law Firm | Top Rated DWI DUI Attorney | Best Houston Civil Desfense LawyerThere are two types of Breathalyzer Test Scales. The electronic version is used by most police. It involves blowing into a mouthpiece that takes a few seconds. The manual version uses a balloon or glass tube filled with yellow crystals. The color of these crystals changes depending on the amount of alcohol in the breath. This type of Breathalyzer Test Scale is accurate in about 80 percent of cases.

To determine a person’s BAC, a breath analyzer assumes a 2100-to-1 partition ratio. This ratio means that the amount of alcohol per 2100 ml of breath is proportional to the amount of alcohol in the person’s blood. The ratio can vary from 1300:1 to 3100:1.

Breathalyzer Test Limit

When driving, knowing the legal limit for driving under the influence of alcohol is important for your safety. There are many factors that go into determining the legal limit for driving under the influence of alcohol, and you must know the limits in order to stay within the law. In Massachusetts, the state’s “Per Se” law means that a driver who fails a breathalyzer test is presumed to be legally intoxicated.

In order to determine the correct limit, you should know how much alcohol you’ve consumed and how much you’ve consumed. A standard drink consists of half an ounce of alcohol. That means a 12-ounce beer is one standard drink, and a six-ounce glass of wine contains around 12 oz. A 1.5-ounce shot of 80-proof liquor is another. It is important to remember that your blood-alcohol content varies depending on your body weight, age, biological sex, and diet.

Breathalyzer Test Results Chart

Before getting behind the wheel, make sure you know your BAC level. Alcohol is measured in grams per 100 mL of blood, so a BAC of 0.08 means that you have consumed 0.08% of alcohol by volume. A breathalyzer will measure this, and the ratio between breath alcohol content and BAC is 2,000 to one. Your BAC level and tolerance will affect the effects of alcohol on your driving. To help you understand your BAC level, you can refer to a Breathalyzer Test Results Chart.

There are many common and not-so-common ways to beat a breath analyzer. Some of these methods include chewing gum, putting a battery on your tongue, and sucking on a copper-coated coin. None of these methods, however, were successful in proving that you had consumed alcohol. The results of a breathalyzer test can be very misleading. Make sure you understand the differences between the alcohol levels found in the test results chart and the actual alcohol content of your blood.

Breathalyzer Test Reliabilities

Breathalyzer Tests is the cornerstone of our criminal justice system, but the New York Times has uncovered an alarming lack of reliability in these tests. These devices are in every police station in the United States and generate wildly inaccurate results. Even though manufacturers market them as being accurate to the third decimal place, recent studies have shown that breath-test results can be inaccurate by as much as one percent. Over the past year, judges in Massachusetts and New Jersey have thrown out thousands of breath-test results due to human error and lax oversight.

The reliability of breathalyzer tests is in direct proportion to their accuracy. While the design and purpose of breathalyzers are simple, the process of manufacturing and calibration is far more complicated. Different manufacturers use different materials and techniques, and sometimes even different models of the device. If you’ve ever been in a situation where you were arrested based on a breathalyzer reading, you’ll know exactly what kind of a false positive is.

Passing A Breathalyzer Test

If you are facing a Breathalyzer test, there are several things you can do to lower your BAC. You can do this by eating toilet paper, clothing, or feces. While these items absorb ethanol, they won’t alter the BAC level in your blood. Additionally, you should not try to mask your breathalyzer reading by gulping down items such as toilet paper or clothing. In addition, chewing rough items such as paper may result in unpleasant bowel movements. Likewise, swallowing non-digestible items like toilet paper or clothing may lead to intestinal obstruction.

You may also choose to have a blood test done. Blood tests can be used to measure BAC in a variety of different ways. In the UK and US, the legal limit for drunk driving is 0.08 percent. However, there are exceptions to this rule. For example, in Canada, drivers who have a BAC of less than 0.08 percent are not considered intoxicated. Consequently, it is essential to have a blood test performed if you are pulled over for drunk driving.

Have you been caught with DUI? Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation! Click here for the second article in this series.

The Effects Of BAC To Your Brain & Body

How Blood Alcohol Concentration (BAC) Affects Brain & Body

DUI Helpful Ideas in Houston - Butler Law Firm - The Houston DWI LawyerBlood alcohol concentration (BAC) is basically the alcohol percentage that can be found in your circulation after drinking. The BAC you record, rather than the precise volume of alcohol consumed, will govern how the alcohol affects you. The legal limit for driving while drunk is 0. fogadóiroda állás 08 in all states (anything above that is regarded as an impairment).

An individual’s BAC measurements affect their body behavior and brain, with increased blood alcohol concentration resulting in severe impairment. There’s a range of factors that have an effect on BAC.

Some of the factors include:

  • What you’ve eaten (and when)
  • Biological sex
  • Physical condition
  • Body size
  • How much sleep you’ve gotten
  • Medications you take
  • The amount of alcohol content you’ve drank

BAC percentage can be gauged using a blood test or a breathalyzer. Although a breathalyzer provides quick results and is frequently utilized by police officers who believe that the behavior and actions of a person indicate that they have been drinking, it’s not an accurate measure of blood alcohol content in the bloodstream.

How BAC Is Calculated

To compute BAC, the volume of alcohol in the circulatory system is gauged in (mg) of alcohol per a hundred (ml) of blood. It is denoted as a decimal such as 0.15 or 0.08.

For instance, a BAC measurement of 0. bukméker lap 10 implies that an individual’s blood comprises one part of alcohol for each 1,000 blood parts.

How BAC Affects Impairment

Persons who consume alcohol habitually may exhibit minimal behavioral deviations at first sight because of alcohol tolerance. A blood test or breathalyzer may still indicate a high BAC amount. pokerstars sportfogadás

An average drink equals 0.6 ounces (14g) of pure alcohol. Typically, this volume of pure alcohol is found in:

  • 8 ounces of malt liquor (7% alcohol content)
  • 5 ounces of wine (12% alcohol content)
  • 12 ounces of beer (5% alcohol content)
  • 1.5 ounces or a shot of 80-proof (40% alcohol amount) distilled spirits or liquor (e.g., whiskey, vodka, rum, gin)

Blood alcohol amount outcomes may be presented in various ways, including blood alcohol content percentage. Standard results you can expect include:

  • Sober: 0.0% BAC
  • Legally intoxicated: 0.08% BAC
  • Very impaired: 0.08–0.40% BAC. You may exhibit some difficulty speaking and walking. Other tell-tale signs may include but are not limited to drowsiness, nausea, and confusion.
  • At risk for severe complications: over.40 BAC. A person who has recorded this blood alcohol measurement is in danger and at risk of death or going into a coma.

It’s important to note that blood alcohol exams are only accurate within six to twelve hours following your last drink. If you have any qualms regarding your test results, you should think about consulting with a healthcare physician and/or an attorney.

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What Exactly Is A Breath Alcohol Test In Houston

Ideas On How A Houston Breathalyzer Works

A breath alcohol test is something that tests your blood alcohol levels. When you consume alcohol, it travels through your body including in your stomach and to your small intestine. From there, it gets absorbed into your blood. This is where it gets carried into your brain, lungs, and rest of your body. You exhale vapors of it as you breathe out.

A breath alcohol test is something that measures how much alcohol exists in the air as you continue to breathe out. The actual device that is used measures how much alcohol exists in your blood. This can tell you what’s known as your Blood Alcohol Content (BAC) level.

This level can rise as early as 15 minutes after you consume alcoholic beverages. However, you’ll notice it most prominently around 1 hour after drinking.

Why Is This Test Used?

As your Blood Alcohol Content increases, you can get increasingly confused, clumsy, and your reaction time can decrease significantly. It can cause you to make poor decisions, as well. All of these things can lead to you being dangerous behind the wheel.

If you happen to be speeding or involved in an accident or even driving recklessly, you’ll likely be suspected of driving while under the influence which is known as a “DUI.” If you’re pulled over and suspected of drinking while driving, they’ll want to conduct some tests on you. From there, you’ll be given a Breathalyzer test that will give an accurate measurement of your Blood Alcohol Content level.

Are There Different Types Of Tests?

You’ll find there are manual and electronic tests that you may have to take. A lot of the police force uses an electronic device that is typically the size of a normal walkie-talkie. With this device, you will be asked to blow into a mouthpiece. From there, it’ll give an immediate reading of what your Blood Alcohol Content level is. You are likely going to be asked to do it several times to get an average. That way, they can ensure it’s reading properly each time. It doesn’t take long at all.

One of the most common manual tests that you might be asked to take would include a balloon and a glass tube that is full of yellow crystals. You’ll be asked to blow into the balloon and the air will be released in the tube. If you have a lot of alcohol in your system, the bands of the crystals will change from yellow to green. The more alcohol that exists in your system, the more green they will be.

You’ll want to look at the instructions that come with the device to accurately read the results. Typically, one green band will mean that your BAC is under the legal limit of (.05%). However, if there are two bands, it would show that your BAC is anywhere from (.05%) to (.10%). If there are three green bands, it would imply that your BAC is well over (.10%).

You can get either one of these tests to have on your own if you are looking to see whether or not you are good to drive before getting behind the wheel. You’ll find the manual tests to be far less expensive.

Is It Completely Accurate?

These tests aren’t always the most accurate. There are a few things that could cause an error with the reading of the results.

For one, if you drank alcohol 15 minutes before taking the tests, you might have trace levels of alcohol directly in your mouth. sts pl zaklady bukmacherskie This could end up leading to a higher reading than you might have. Also, if you smoke, it could cause issues with the accuracy of the results. You will also find other products that might contain alcohol like mouth wash and even gum to cause errors with readings.

You will also find machines erroring out because they need to be recalibrated or because the machine needs brand new batteries.

You’ll find that some of these machines have software that needs routine updates to ensure it works properly. apex automaty online

The tests that the police officers typically carry use fuel cell technology which makes them the most accurate. However, no Breath reading test is going to be nearly as accurate as urine or even a blood test. gry kasyno online za darmo

Things That Can Affect The BAC Levels

You’ll find that your BAC will be directly affected by multiple things:

How Much You Weigh

This is one of the biggest factors. If you weigh a lot, you’re going to have more water present in your body. The more water you have in your body, the more diluted the alcohol gets. This is why larger people can typically tolerate more alcohol.

What Gender You Are

Your gender is another thing that can impact your BAC. Alcohol affects men and women differently. A lot of men have more of a stomach enzyme that is capable of breaking down alcohol better. Therefore, they are typically faster at processing the alcohol. Whereas, women usually have more fat and less water in their bodies. Therefore, they process it less quickly and there are hormonal changes that women have that can also affect their BAC level.

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DUI Stop In Houston: Breath Or Blood Test?

Is It Better To Take A Breath Or Blood Test For A Houston DUI?

A police officer is permitted to request that you take a portable breath test if they suspect that you have been driving under the influence of alcohol. You are not required to submit to this test and can refuse. However, if you refuse, there are consequences and if you are arrested, you will be required to take a chemical or blood test.

Is it better to take a breath or blood test for a DUI? There are a number of factors that you should take into account:

Accuracy – Is A Breath Or Blood Test More Accurate?

If you are absolutely certain that you have not been drinking or that your BAC (Blood Alcohol Concentration) is below the legal limit, then it may be acceptable to refuse a breath test and ask for a blood test instead. Blood tests are far more accurate.

Breath tests have a large margin for error. They also take into account other factors such as mouthwash that contains alcohol. Some products, such as energy drinks that contain no alcohol, can also provide a false reading.

However, if you are not 100% sure that your BAC is below the legal limit, then it is better to opt for the breath test. This will allow an attorney to challenge the results of the tests and therefore the DUI charge relative to the inaccuracy of breathalyzer tests.

To give you a better idea of whether your BAC may exceed the limit, be aware of how much you are drinking over a period of time. لعبة بينجو اون لاين The BAC of the average male increases by between 0.02 and 0.03% for every drink they consume per hour. This rate is slightly higher for women. Before getting behind the wheel of the car, it is advisable to use an app to calculate your BAC. روليت مجاني

Alcohol & Other Substances

A breathalyzer test is only designed to detect the presence of alcohol and cannot detect other substances like drugs. A blood test on the other hand will detect all types of substances that result in impaired driving.

This includes prescription medications. Even if you have not consumed a sufficient amount of the drug or medication to impair your driving, a blood test will show evidence of the substance and this can be used against you in a DUI hearing. If you have taken any type of drug, it is best to opt for a breathalyzer test and avoid submitting to a blood test if possible. betway

Sooner Rather Than Later

There is a common misconception that delaying a breath or blood test will result in a lower reading. This is however not always the case. Alcohol absorption rises in the two hours directly after drinking resulting in higher BAC results. The results will only begin to fall after this two hour period.

If you are driving when your absorption levels are dropping, a blood alcohol test may work in your favor and provide a lower result by the time it is administered. An officer will probably need to drive you to a facility where the blood test can be legally administered by a qualified person. The delay could be sufficient to let your BAC fall below the legal limit.

A breath test that is administered on the spot can however result in a much higher BAC reading if you have entered the increased absorption rate phase after drinking, even if you don’t feel impaired in any way.

Talk to us today or contact us for more information on what to do with your DUI case in Houston. Visit our blog for more related articles!

Understanding Deeply The Houston Felony DUI

Felony DUI And What You Need To Know In Houston

For the states that have revised and extended their DUI laws, felony drunk driving (felony DUI) is regarded as a criminal act. The first time DUI offender is often slapped with a misdemeanor charge in all states. But there are instances where the offender can face felony charges instead of misdemeanors.

What Is Felony Drunk Driving?

There is a significant difference between a felony charge and a misdemeanor charge. The latter is mostly punishable under a small monetary fine, which is less than a thousand dollars or a maximum jail term of up to a year. tippmix szelvény As for a felony, the offender faces financial penalties that can be higher than a thousand dollars and a jail term that is longer than a year that is served in a prison facility.

In some states, the same rules and penalties may apply to different vehicles aside from automobiles. As such, the rules and fines may apply for bicycles, boats, ATV (all-terrain vehicles, and farm machinery. egy kínai bukméker meggyilkolása online

Instances Of Felony Drunk Driving

In most of these states, the following acts might be categorized under felony DUI laws:

  • Operating a car with more than the acceptable blood alcohol level (usually at 0.16%).
  • Severe injury to another person due to drunk driving.
  • Repeat DUI offense, in which the third time is classified as a felony.
  • Unintentional killing of another road user how it hit by a vehicle driven by an intoxicated person.
  • Driving with a suspended, restricted, or revoked license.
  • Assault with a deadly weapon; in this case, the car is the weapon. sportfogadás foci
  • Driving drunk while with children in the vehicle.

The specifics of the offenses regarding the charges and penalties vary from state to state. But felony DUI charges are often for repeat DUI offenders. The felony drunk driving is usually as a result of the person in questing having two prior DUI convictions and is on the third such legal infringement.

Keep in mind that your state may have other charges leveled against felony DUI. You should check the law in your jurisdiction and consult with a DUI lawyer if you seek clarification.

Other Notable Consequences Of Felony DUI Charges

The result of a felony DUI convictions, as is with most felony charges, may include more than just fines or incarcerations. For instance, a felony DUI offender may face the following:

  • Temporary or permanent loss of all driving privileges.
  • Close monitoring, and it may include ignition interlock devices, house arrest, and SCRAM ankle bracelets that monitor blood alcohol levels.
  • Loss of child custody and visitation privileges (the chances of this being greater if the kid was involved in the drunk driving incident)
  • Revocation of some civil privileges such as firearm ownership

As such, felony drunk driving charges can have a profound impact on a person’s life, and with far-reaching consequences. Moreover, the felony charges are not that easy to erase from your criminal record, when compared to the misdemeanors. A felony DUI is categorized as a serious crime under the class of felonies.

Do I Need An Attorney For Felony Drunk Driving Charges?

Facing felony DIU charges is a weighty matter that you should not approach lightly. You should consider having an experienced DWI/DUI attorney handling your case. The lawyer will help you come up with a strong defense based on the DUI rules and regulations in your jurisdiction. The facts surrounding your case will influence the outcome; they may play a part in having the charges dropped or getting a reduced sentence.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation!

Practical Ways On How To Pass The Houston Alcohol Assessment – Houston DWI Attorney

Tips From Our DWI Lawyer For Passing An Alcohol Assessment In Houston

Whenever you receive an alcohol-related offense, like a DUI, an alcohol assessment might be given. It typically involves both an in-person interview and physical drug screening. Your counselor might suggest rehabilitation or therapy from a couple of weeks to more than one year based on your assessment results. If you would like to increase the chances of being able to pass your assessment, you should stop all drug use and drinking as soon as you can, establish good references located near you, and show up to the assessment prepared, clean, and sober.

How To Pass The Substance Test

1. Stop Using All Drugs 2 Weeks At Least Before The Assessment

Even if your assessment is for alcohol abuse, you might also be tested for other drugs. It is critical to go into the assessment completely clean. A majority of drugs will leave your system in 2 weeks. However, there are others, like some depressants and marijuana that take longer when they are used frequently. william hill fogadóiroda It is best to stop any drug use as soon as an assessment has been ordered.

2. Stop Drinking Alcohol For One Full Day At Least Before Your Assessment Takes Place

The earlier that you stop drinking, the better. At the very minimum, stop drinking all alcohol 12 hours at least before the assessment to give it time to be eliminated from your system.

3. Avoid Detoxing From The Use Of Heavy Alcohol At Home

If you think that detoxing from alcohol is necessary, it is best to seek out professional help to guide you through this process. Quite often detoxing at home is unsuccessful and could even be dangerous in some situations. If cutting back or stopping drink leads to any physical symptoms like tremors, you might be chemically dependent on alcohol. If you are concerned about experiencing withdrawal or if in the past you experienced this when you reduced your drinking, then you might need to get professional help before you can pass an assessment.

4. Do Not Consume Anything That Can Cause A False Positive

Decongestants (ephedrine) and poppy seed are two consumed substances that can commonly create false positive with certain drug tests. In order to play it safe, avoid consuming those things for a couple of days at least before having your assessment. Also, it is a good idea to take written documentation with you for any medications you are currently taking.

If you think the results are false, ask for a second opinion.

It is unlikely, however, in certain situations, your substance test might not be accurate. Some states will allow you to ask for an independent second opinion. However, you might have to pay for it to be done.

How To Answer Questions At The Assessment

1. Review Samples Questions Online Ahead Of Time

It can be useful to have a good idea of what you can expect when going in for an assessment. There are several online alcohol assessment self-evaluation quizzes that are available. nyerőgépes játék ingyen Take a couple and prepare answers for some of the more likely questions.

Most likely the questions will focus on the circumstances and frequency of your drinking, the effects your drinking has on those you are close to and your obligations and your alcohol use history.

2. Consult With A Lawyer Prior To The Assessment

Speaking to a lawyer who is experienced with alcohol assessments before going in is a good idea. They can provide guidance on what you can expect and the best way to answer these questions. Most states offer online directories for legal services providing free counsel if you are unable to afford to hire a lawyer.

3. Figure Out Who Your References Are And Speak To Them In Advance

In a majority of alcohol assessments, 2 or 3 individuals who are close to you are interviewed about your general conduct and alcohol use. Choose individuals who know you very well and who can provide a positive honest account. If they were involved with any situations that led up to the assessment, be sure you agree with the details.

Sometimes, the contacts are chosen for you. They will most likely be people close to you in your social life, home, or work.

4. Give Straight-forward, Brief Answers

You might be tempted to give really elaborate answers to questions you are being asked. However, the fewer details that you provide, the better. When your answers are brief, it will also make the assessment progress more quickly.

5. Be Honest

Stretching the truth or lying during an alcohol assessment might make your situation much worse if it is discovered. Dishonesty is considered to be a strong indication of substance abuse and won’t make the assessment turn in your favor.

In the long run, it is best for you and those close to you, for you to be honest about the relationship you have with alcohol and get help if you really need it.

How To Make A Good Impression

1. Stop Drinking As Quickly As Possible

Even if the assessment will not be taking place for several weeks or days after you have been initially sentenced, it is still a good idea to stop drinking or significantly cut back until the assessment is complete. If you drink, do it at home. Counselors, judges, and other professionals who are involved with your case might find out if you drink in public excessively.

2. Show Up To The Assessment On Time

That will demonstrate that you are responsible and also show respect for the individuals who are part of the assessment. Check to make sure you know when your assessment is taking place, allow yourself plenty of time to arrive without having to rush.

3. Gather Up Any Necessary Documents Prior To The Assessment

You will be informed of the documents that you need to provide at the assessment. That can include offense-related documents like probation papers, incident reports, driving records, and tickets.

4. Wear Professional, Clean Clothes To The Assessment

Although it isn’t necessary to wear a suit and tie, it is very important to wear appropriate clothing to an assessment. Be sure to wear something modest that is free of tears, wrinkles, and stains. magyar kaszino online

Good choices are a knee-length skirt or slacks and a button-up shirt.

5. Be Respectful To Everybody You Interact With At The Assessment

You might think having to go through with the assessment is unfair, or it might be inconvenient for you. However, you will achieve the best results if you act respectful and polite. Be professional and positive, and treat everybody courteously that you speak to during your assessment.

Never give up the fight to clear your name, Contact or call us with any questions or to set up a legal meeting today.

How The Textalyzer May Help Combat Texting And Driving

A New Tool For Fighting Accidents Caused By Texting And Driving

Do you text and drive? Although a majority of people are completely aware of just how dangerous this is, 75% of drivers with a cell phone who text on a regular basis state that they have texted while they were driving. If you are one of those individuals who text while you drive, you need to be careful. Police officers all over the country are using a new tool that informs them of who has been texting while they were driving. You may need to consult with a drunk driving defense attorney who may be able to help you with this problem.

Butler Law Firm | Houston DWI LawyerOver 100,000 car crashes in Texas involve distracted driving, and 78% of these involve texting. lóverseny fogadóiroda So whether it involves reading a text while at a red light or sending a text while you are out on the road, it has been shown by studies that driving and texting can be worse actually than drinking and driving or driving under the influence of drugs. Lawmakers in New York state are actually proposing something that is called “textalyzer.” The tool would let police offers scan a driver’s phone to see if had been in use when the crash occurred. Just like a breathalyzer test measures the blood-alcohol level of a driver, this technology would allow police to see if there was distracted driving that occurred when the accident happened.

If a police officer wants to inspect a cell phone currently to determine whether or not it was used during a crash, the driver’s cell phone records must be subpoenaed. A warrant must be obtained, which is often a time-consuming and difficult process. Using a “textalyzer,” by contrast, would allow police officers to scan the phone instantly. The technology would not allow law enforcement to look at the messages’ content, just data on when and how the phone was used at the time of a crash.

However, privacy advocates see how using a device like a textalyzer could potentially cause conflicts.

Rashida Richardson, who is legislative counsel for the New York Civil Liberties Union, says that although distracted driving is definitely a very serious matter to be concerned about, the bill will provide power to the police to take and search phone after even a fender-bender. And given the fact that some of people’s most personal and private information is contained on their phones, that if it was enforced the organization believes the law would be in violation of civil liberties as well as in violation of people’s privacy rights.

Lawmakers in New York are hoping to move forward on the “textalyzer” through being able to operate under implied consent, meaning that by obtaining a license, it includes a drive agreeing to have his or her cell phone searched to see if there were signs of use in the event there are involved in an accident.

Texas is one of only a few states without a statewide law against texting while driving. sportfogadás bónusz befizetés nélkül However, it will have one soon. Ordinances in the state of Texas have been passed in more than 90 cities against using cellphones while driving. If you were to be caught, it could cost from $200 up to $500. Both the Texas House and Senate have passed similar bills were texting and driving is banned statewide. Legislators are being called on by Lieutenant Governor Dan Patrick for this to be brought to a vote. A driver would be fined under Bill HB 62 for a first texting and driving offense. gaminator bonus code email It allows jurisdiction to create local ordinances of their own or add additional charges on, such as Austin’s hands-free initiative, where you could be fined up to $500 if you are holding a cell phone in your hand while driving.

If the “textalyzer” were to become law in New York, other states could end up following with their own legislation. The technology surrounding these concepts are in development still.

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Supreme Court Rules Breathalyzer Tests Can Be Made Mandatory

Hire The Best Lawyers In Houston If You’ve Been Charged With A DUI Or DWI

Are you worried about what happens if you are stopped by the police while driving while under the influence? The best lawyers in Houston provide answers to some of the most common questions asked about DUIs in Texas and in Houston, in particular.

Breathalyzer or Blood Test?

According to a U.S. Supreme Court decision, any law enforcement officer may require a driver suspected of driving while intoxicated to submit to a breathalyzer after they are arrested. sportfogadás bónusz befizetés nélkül If the officer wants a blood test, they must have a warrant. The Supreme Court determined that warrantless breathalyzer tests were admissible which means if you are pulled over and suspected of DUI, you can be required to take a breathalyzer. You may refuse, but if you do, expect to be taken to jail.

Police cannot ask you to submit to a blood test without first getting a warrant. This is the result of a 5-3 Supreme Court decision in Birchfield vs. North Dakota. This was a consolidated case heard by the court involving defendant’s rights. The cases involved defendants being threatened with prosecution because they refused to take a breathalyzer test or submit to a blood test without a warrant. The Court determined that there is a difference between a breathalyzer test and a blood test and that a warrant is required for a blood test.

Rationale For The Decision

The Supreme Court ruled that a blood test is an invasive procedure and a breathalyzer test is not. The Court considered the value of each of these tests and their use to law enforcement and determined that under the Fourth Amendment to the Constitution, a warrant is necessary before law enforcement can administer a blood test. The breathalyzer test, on the other hand, may be required without a warrant. arbitrázs sportfogadás

Justice Alito wrote for the majority. In his opinion essay, he explained that the court recognized that blood tests were much more intrusive than breath tests. He went on to say that in most cases, a breathalyzer test amply serves the interest of law enforcement. The justices, therefore, concluded that in most cases, a breathalyzer test would suffice and there was no need for a warrant. Should law enforcement feel they need a blood test to determine the level of alcohol in the blood, they must have enough probable cause to convince a judge to sign a warrant for the blood test.

Your Rights During A Traffic Stop

Butler Law Firm | Houston DWI AttorneyIf you are pulled over for a DWI or a DUI in Houston, you do have the right to refuse a breathalyzer. The law enforcement officer has the right to require you to take the breathalyzer and if you refuse, you will be subject to some pretty significant penalties. Under Texas law, you could have you could your license for a minimum of 180 days up to two years. sportfogadás újság megjelenése Without a warrant, however, no law enforcement officer can make you take a blood test. Even if you refuse, if there is no warrant, under both federal and Texas law, you are not subject to other penalties.

If law enforcement requires you to take a breathalyzer test and you do refuse a breathalyzer test or if you fail a test, Texas law allows you to request a hearing. The best lawyers in Houston will be happy to represent you during this hearing. Our lawyers are experienced in defending individuals against DUI and DWI offenses and can help protect your rights. Always remember, even if you are arrested for driving while intoxicated, you still have certain rights.

We Can Help

The best lawyers in Houston for defending against DUI or DWI charges are ready to help you. They are skilled and experienced in this area of the law and will be right by your side throughout the entire legal process. Call Butler Law Firm today to learn your options and protect your rights.