Breath Testing in Texas
Texas law provides that a person is legally intoxicated if his alcohol
concentration is .08 or greater. A person's alcohol concentration can be
determined by testing the blood, urine or breath. “Alcohol
concentration” means the number of grams of alcohol per:
Blood testing is generally considered to be the most scientifically
accurate and reliable, while urine tests are regarded as least precise.
If you were arrested for DWI in Fort Bend County, you werel most likely
asked to give a sample of breath. Breath testing is the most commonly
utilized method because it is the least expensive. The scientific
community is sharply divided over the accuracy and reliability of breath
testing procedures. The police are not required to save the sample of
breath tested. Thus it is not available for re-testing by an
independent laboratory.
The Breath Machine
The State of Texas uses the Intoxilyzer 5000 to determine breath-alcohol
concentration. The Intoxilyzer works on the principle of Infrared
Spectrometry. A sample of breath is collected in the device's sample
chamber. At one end of the chamber is a light bulb. At the other
end is a light detector. The machine measures the amount of light that
passes through the chamber when no alcohol is present. This is then
compared with the amount of light passing through the chamber after a sample
of breath is introduced. In theory, the alcohol in a breath sample
will absorb some of the light, thus the less light that passes through a
breath sample the higher the concentration of alcohol. The Intoxilyzer
processes the results of the test to arrive at a specific alcohol
concentration. The calculations the device performs are unknown as the
manufacturer refuses to release the computer code.
Noteworthy is the fact that the Intoxilyzer's manufacturer does not
warrant that it is fit to accurately determine the alcohol concentration in
human breath. In addition, there is no way to check the accuracy
of results obtained by using this device because the State refuses to
preserve breath specimens for future testing.
Breath, Blood or Urine?
Under Texas law law enforcement has the right to determine which type of sample to request. For example, if police request a breath sample and you will consent only to a blood test, your license is subject to suspension as a refusal. However, if you submit to a chemical test, you have the right to have a physician, qualified technician, chemist, or registered professional nurse take an additional sample of your blood for analysis. Your request must be made within two hours of your arrest and the police are not required to transport you for testing.
Calculate Your Alcohol Concentration
The Drink Wheel
On-Line BrAC Calculator
About
Disclaimer
The Intoximeters Inc. "Drink Wheel"1 is a form that you can fill out. Upon completion we will instantly compute your estimated blood/breath alcohol concentration ("BAC") based on the information that you have provided and return that estimate to you. It is presented as a public service to Intoximeters web site visitors. Its primary purpose is to provide useful information about the responsible use of alcohol.
Why is it called a "Drink Wheel"?
We call it the "Drink Wheel" because it is based on various paper and cardboard BAC calculators that are given out in alcohol awareness programs, some of which are in the form of a wheel that you can spin around to calculate your estimated BAC based on what and how much you have had to drink.
It would be extremely foolish for us
to pretend that our "Drink Wheel" can tell you what your BAC actually is, first because it would open us up to an incredible amount of potential liability and second if it really did work accurately there would be no need for anyone to buy the instruments that we make and sell.
A person's actual BAC is dependent on many complex factors, including their physical condition (body composition, health etc...) and what they have recently ingested (including food, water, medications and other drugs). This site includes a more detailed discussion of the Pharmacology and Disposition of alcohol in humans.
The results that are generated are rough estimates of an average healthy person's BAC assuming typical beverage sizes, recipes and alcohol content. The BAC estimates generated by the Drink Wheel should not be used to infer anyone's fitness to work, drive or perform any other task or duty.
Anthony R. Segura, DWI Defense Lawyer
The Park at Sugar Creek
14015
Southwest Freeway, Suite 5 · Sugar Land · Fort
Bend County · Texas · 77478
281-242-7070 Telephone
· 281-242-7073 Facsimile
www.sugarland-dwi-lawyer.com
ars@fortbend-dwi-lawyer.com
