DUI and DWI FAQs

The information contained on this page serves to answer some questions you may have concerning local and state DWI laws.

Should I refuse to take a breath test?

The simple and most direct answer is, yes. Obviously, if you do not take a breath test, the prosecution will not have that evidence to use against you. Additionally, even if you take the breath test and pass, you will not be released. Keep in mind that by the time the officer asks you to submit to a breath test, you have already been arrested and you are on your way to the booking desk whether or not you take the breath test. The point is you cannot do yourself much good by taking their test, unless you are virtually certain you will pass.

With that said, however, there can be serious consequences for refusing. The political activist group, Mothers Against Drunk Driving (MADD), and all its various Political Action Committees (PACs), have been extremely successful in pushing stringent legislation through the legislative branch of government in most states, especially Texas. And it seems we are headed for the days when a breath test refusal will automatically result in a driver's license suspension without the benefit of a hearing (a little thing we call "Due Process"). The collateral consequences for a DWI are very serious; affecting the rest of one's life in some cases, and seem to be getting more devastating following each legislative session.

Is the breath test machine accurate?

The current machine used in by the Houston Police Department and the Harris County Sheriff's Department, as well as the Constables in the eight precincts in and around the city, use the Intoxilyzer 5000. The way it works is by reading the amount of light that passes through what is called the sample chamber, which is about the size of a toilet paper tube. The amount of light passing through the chamber is affected by the amount of alcohol in the air of the chamber. The machine itself will accurately read the amount of alcohol in the sample chamber. What it cannot accurately tell you is the amount of alcohol in a person's body. The machine, by way of a computer program, attempts to equate the amount of alcohol in the sample chamber to the amount of alcohol in 210 liters of breath, or approximately a 55-gallon drum. If the machine reads the equivalent of one gram (one cubic centimeter) of alcohol per 210 liters (approximately 55 gallons) of breath, then it will register as .10. To register a .08, the machine attempts to equate the alcohol detected in the chamber to 80 milligrams (4/5 of a cubic centimeter) of alcohol in 210 liters (approximately 55 gallons) of breath. Although the machine may accurately measure the amount of alcohol in the chamber, the chances of inaccuracy in calculating the amount of alcohol in the human body can be astronomical.

DWI/DUI Article

You thought it could never happen to you, but suddenly you find yourself in a situation that you did not expect. What do you do? Contact Texas drunk driving defense lawyers Jack Carroll or Don Becker to protect your rights! The Texas Department of Motor Vehicles can suspend your license if you refuse to take a breath test, blood test, or urine test. Houston Criminal Defense Attorney DWI/DUI Article