Archive for the ‘DWI/DUI’ Category

To blow or not to blow…what the police don’t tell you about DWI breath tests!

Thursday, June 24th, 2010

Today, like too many days before, I got a call from a citizen acused of DWI (driving while intoxicated) who told me he gave a breath test when “the police officer told me I’d lose my driver’s license if I didn’t blow.”

Well, let’s set the record straight right now, in Texas, if you are under arrest for DWI, you will lose your Texas driver’s license EITHER WAY. Yep, that’s right, you will lose it if you blow AND you will lose it if you don’t blow.  But if you do blow, consider this: You are giving a sample of your breath that will be analyzed on a machine that is not even warranted for use on humans and that machine will NOT save your breath sample after you are done.  So if that magic black box gives a reading in excess of 0.08, you have just given the State of Texas evidence of your potential guilt, and that evidence cannot be retested for its accuracy, because the State destroys your breath sample.


Please understand, the technology exists to preserve that breath sample for later retesting, but Texas refuses to use it.

With respect to the countless other problems and fallacies of the breathalyzer, I don’t have the time or space to cover them all today, and maybe we can cover that in a future post.  But the point is this…when you give the police a breath test you are HELPING the State put you in jail and/or on probation, more easily suspend your Texas driver’s license, legally cause your auto insurance rates to double or triple, cost you thousands of dollars, and worst of all it puts you at risk for a conviction for DWI (and that conviction can never be expunged from your criminal record).  Now is the last, best opportunity to defend yourself and your good name.

I have a link to my DWI page at my website where I have an informational download regarding DWI penalities in Texas as well as the form you can complete and fax back to the DPS to request an ALR driver’s license hearing within 15 days of your arrest.  I would suggest you complete it as soon as possible if you have been arrested for DWI.  The link is at