What if My Breath Test Result was 0.08 or higher?

 

If you have been arrested and charged with a DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County and your breath test result was 0.08 or higher and you are facing the prospect of a DWI trial, it is important to understand the true meaning of your breath test result.

 

It is important to understand that in order for your breath test result to be valid and admissible in court, the testing must be administered according to the rules established by the Texas Department of Public Safety. Additionally, every breath test result must be evaluated individually in order to determine if the known variances and tolerance levels inherent in the Intoxilyzer 5000 can influence the determination as to whether or not you were intoxicated.

 

Most importantly, a breath test result does not prove that you were intoxicated at the time of driving. Under Texas law, the prosecution must prove beyond a reasonable doubt that you were intoxicated at the time you were operating your motor vehicle. A specific breath test result obtained hours after a DWI arrest provides no specific conclusions as to whether or not you were intoxicated at the time you were initially stopped for suspicion of DWI. As a result, prosecutors and the Technical Supervisor will attempt to rely upon Retrograde Extrapolation as a means of going back-in-time to determine your blood alcohol level at the time you were driving.

 

In order for a Technical Supervisor to perform the computations necessary to perform Retrograde Extrapolation, they will need certain information that only you could have provided during your interview with the police officers in the Intoxilyzer room at the police station. Texas case law has established the minimum amount of information that would be needed in order to determine your blood alcohol level at the time of driving: weight, time of your last drink, and the period of time you had been drinking. However, there are other factors that can affect the accuracy of the retrograde extrapolation analysis (ex. How much you had to eat and when you ate it, etc).

 

At The Hampton Law Firm, we even the odds for those charged with a DWI in Fort Worth or the surrounding cities in Tarrant County by ensuring that if your case goes to trial, you will be defended by a team of experienced DWI lawyers that have both misdemeanor and felony DWI experience. Call The Hampton Law Firm now to schedule an appointment with the Tarrant County DWI trial team and receive a free evaluation regarding your DWI case.

 

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