Breathalyzer and Blood Test Defense

Whether it is smart to refuse a breathalyzer test will ultimately rest on the prosecution involved in your case. While many people think that refusing a breathalyzer limits the evidence against them, it can also be used by the prosecution to establish probable cause. They can argue that because you refused to take a breathalyzer…

If you are pulled over on suspicion of drunk driving, you do not get to choose whether your intoxication level is measured by a blood test instead of a breathalyzer. Generally, it is up to the attending law enforcement official to determine whether a blood or breath test would best assess your situation. Additionally, under…

Some foods can set off a breathalyzer. The Texas Department of Public Safety (DPS) states that “The type of food may affect the absorption rate, but the amount of food is the most significant factor.” The alcohol content in some foods is not enough to impair your judgment or to make you drunk (only to…

Yes, you can be convicted of a DUI without a blood test. When facing charges of driving under the influence (DUI), there are other forms of evidence the prosecution can use to convict you. These pieces of information can include: The results of a field sobriety test The arresting officer’s testimony The results of a…

There can always be differences between the two types of testing due to inaccuracies of the methods used. There is a significant difference between blood alcohol and breath alcohol. Before understanding the difference between the two, it is important to understand the process through which alcohol enters the body, leading to intoxication. It involves five…