Blood Alcohol Testing in Fort Bend, Texas
Fort Bend DUI Attorney Challenging Your Test Results
In Texas, it is against the law to drive while intoxicated, or to drive with a blood alcohol concentration (BAC) that is above the legal limit. For individuals who are age 21 and over, the legal limit (and basis for determining intoxication) is 0.08%. Other drivers have stricter BAC limits. For example, commercial drivers can be arrested for alleged DWI for having a BAC of 0.04% or higher, and drivers under the age of 21 can be arrested for having any detectable alcohol in their system.
Breath tests and blood tests are both used to determine a driver's blood alcohol concentration.
It is important for Texas drivers to remember that it is possible to challenge blood alcohol test results. This is because tests used to determine BAC levels are not always consistent or accurate. There are a number of factors that can impact the outcome of a blood alcohol test and potentially lead to false readings. When a recorded BAC is at or just above the legal limit, this allows for even more of an opportunity to challenge whether the offense should actually be considered a DWI.
At my law firm, the Law Office of John L. Venza Jr., I can help you analyze the facts of your case and determine how you can move forward with disproving or discrediting your blood alcohol testing results. I am Fort Bend criminal defense lawyer who also has valuable experience as a former prosecutor for the state of Texas. Because of my background, I am especially familiar with the strategies that prosecutors use to try to prove blood alcohol test results, as well as how these strategies can be broken down.
What can affect blood alcohol test results?
There are a number of different factors that can weigh in on a person's blood alcohol test results. First, there are the obvious ones, such as the number of drinks a person had, the alcohol concentrations of those drinks and stretch of time over which the individual had the drinks. In addition to these factors, however, there are also others, which include the following:
- The individual's specific physiology
- The environment in which the test is given
- Everyday products taken by the person being tested (specifically products that can lead to false BAC readings)
- Improper calibration or maintenance of the breathalyzer
- Technical errors related to the breathalyzer or blood sample processing equipment
- Human error made by the officer and/or medical personnel who provided the test
For each DWI case I handle, I work strategically and persistently to help the client reach a positive outcome for his or her case, whether that is a dismissal of charges, an acquittal of charges, a charge reduction or a lowering of one's sentence. Contact my firm, the Law Office of John L. Venza Jr. today!