A report in a major national newspaper has called the accuracy of breath tests into question. More than 30,000 breath test results have been thrown out of criminal cases in two states because of a lack of oversight or human error. Breath testing devices that have not been properly calibrated may give blood alcohol content readings as much as 40% higher than accurate. People in Texas who are facing criminal drunk driving charges might be able to challenge the admissibility of breath testing with the help of a criminal defense lawyer.
Drunk driving charges are serious business in Texas, and a conviction can lead to license suspension or license revocation, significant fines and jail time, among other penalties. A driver can be charged with an offense owing to his or her level of impairment based on objective evidence presented by a law enforcement official or charged with a per se DWI based on the driver's blood alcohol content or blood alcohol concentration. DWI laws also apply to what is often called 'drugged driving." Currently, there are no breath tests available to law enforcement for the detection of drugs, but that soon may be changing.
A Texas attorney who got a man's DUI charge dropped even though a breath test showed him well above the legal alcohol limit says it happened because of the man's low-carb diet. According to the attorney, ketosis resulting from the low-carb diet caused the false positive.
In the early morning hours of Feb. 4, former NFL quarterback Vince Young was arrested and charged with drunk driving in Texas. However, a few days later, he told media outlets that he was innocent of the alleged crime.
Drivers in Texas and around the country are facing an increasing number of DWI citations for allegedly operating their vehicles under the influence of marijuana. Now, a company has announced that it has created a breathalyzer device that can measure the levels of THC in a driver's breath. THC is the main effective compound contained in marijuana. The company's CEO said that it created a portable device that meets forensic standards and said that it could be used by law enforcement to potentially detect intoxication.
Texas residents who are fans of actor Vince Vaughn may have heard that he was taken into custody for DUI on June 10. He was stopped at a checkpoint about 12:30 a.m. between Hermosa and Manhattan Beach. After being taken into custody, he was sent to Manhattan Beach Jail before being released. In addition to the DUI, he was also charged with resisting efforts to take him into custody.
When it comes to matters related to driving while intoxicated, Texas motorists do not have to worry about checkpoints, as they are illegal under most circumstances. However, the same cannot be said about reasonable suspicion.
Drivers need to be aware of how much alcohol they consume before getting behind the wheel of a vehicle. According to data from the Texas Department of Transportation, alcohol-related crashes are most likely to occur between the hours of 6:00 p.m. and 4:00 a.m.
An increasing number of motorists in Texas and across the United States may be driving under the influence of marijuana. At the same time, however, the number of drivers operating their vehicles under the influence of alcohol has shown a strong downward trend.
Although some states have legalized the use of marijuana, it is still illegal to drive under the influence of marijuana in Texas and across the country. Despite the wording of the law, it is much more difficult to prove a marijuana DUI compared to one involving alcohol.