Should I blow if I am pulled over for DWI? If you are asking yourself this question because you were pulled over for DWI in Houston or pulled for DWI anywhere in the state of Texas – we feel your pain. Just as eyewitness identification is critical in a murder case or a robbery, breath testing evidence is critical in intoxication offenses. Ask any DWI lawyer in Houston and they will tell you that this is typically the most damning single piece of evidence a prosecutor can introduce during any intoxication offense.
Our DWI lawyer recommends that you do not blow
Despite all of the consequences that are associated with refusing to blow, DWI lawyers typically recommend that you still refuse to blow. If you perform any field sobriety tests or offer a breath/blood sample, it will give the police evidence they can be used against you and as we discussed that a BAC test at the scene can be the biggest piece of evidence used against you and you don’t want to help the state’s case for prosecuting you.
In addition, the handheld breathalyzer device isn’t as reliable compared to the desktop device you will be required to blow into at the police station following your arrest. If under the Texas state Implied Consent law you end up being required to provide some form of evidence to the police, you don’t want to have provided evidence coming from a source that is unreliable.
As it currently stands in the State of Texas, the legal limit for alcohol is a .08. This is true for both breath alcohol content (BrAC) and blood alcohol content (BAC). If you test higher than a 0.08 for either breath or blood alcohol content, you are considered legally intoxicated. This is true for any motorist at operating a motor vehicle in a public place in the state of Texas.
If you are a under the age of 21, you are a minor according to the Texas Transportation Code. For any motorist under the age of 21, if you have any detectable amount of alcohol in your system (regardless if you are below a .08), you can be arrested and cited for driving UNDER the influence or DUI. This is a class C misdemeanor that is not punishable by jail time, but rather, only by fine.