If I give a breath sample under 0.08 the officer will let me go, Right? WRONG! By Plano DWI Lawyer Troy P. Burleson
By Collin County DWI Attorney Troy P. Burleson
If you are suspected of drunk driving, you will probably be asked to give a sample of your breath to determine your alcohol concentration. The question most people ask is, "If I give a sample under the legal limit of 0.08, will the officer let me go?” The answer is NO. Even if you give a breath sample below the legal limit of 0.08, you will still be charged with DWI.
Under Texas law, the prosecutors can prove that you were intoxicated by proving:
1) You lost the normal use of your mental faculties; OR
2) You lost the normal use of you physical faculties; OR
3) You had an alcohol concentration of 0.08 or more.
The “Or” in the above law means that the State only has to prove one of the elements above not two or all three. If you give a breath sample under the legal limit, the State will argue that you have a low tolerance for alcohol, you had other substances in your system besides alcohol, or that you had “sobered up” during the time that elapsed between your arrest and the time you gave a breath sample.
Before you are asked to give a breath sample, the officer must read what is known as you “DIC” warnings to you. This warning, which explains the consequences or giving or not giving a breath sample, states out by stating, “You are under arrest…” That means that the office has already decided to ARREST YOU BEFORE you give a breath sample.
Many people are shocked to discover that an officer will still arrest a citizen if they give a breath sample under the legal limit. But, officers will testify to the truth of that statement. So, if you are going to be charged with DWI regardless of what you blow, why would you take he chance on a breath machine that is not universally accepted in the scientific community?
