Determining blood alcohol concentration for a DWI charge can be tricky, primarily because the DWI states that, for a blood alcohol concentration measurement to be incriminating, the defendant must have a blood alcohol concentration of .08 or higher while he or she is driving. But blood alcohol concentration tests are rarely administered while the defendant is driving or even immediately after. These tests are generally administered 45 to 75 minutes after the defendant has been charged.

Without knowing every detail of the defendant's drinking prior to the drive (how much the defendant drank, what type of alcohol, and when each drink was consumed), it is impossible to determine retroactively whether or not the defendant was over .08 while he or she was driving. It is entirely possible to have a blood alcohol concentration of .05 while driving, be pulled over for some other charge, and then be arrested for DWI due to the officer smelling alcohol on the defendant's breath. If the blood alcohol concentration test is administered an hour later, the defendant may very well have a blood alcohol concentration of .085, even though he or she is completely innocent of the DWI (assuming the defendant still had normal use of his or her faculties).

If you need an experienced DWI attorney in Texas, contact the Texas criminal lawyers at Grossman Law Offices for help.

Related articles:
Blood alcohol level
Types of DWI cases
Know your rights

Questions answered in this article:
How does law enforcement determine if you are intoxicated?
Can I speak with my attorney before I take a field sobriety or breathalyzer test?
Can my blood alcohol content be higher after I've quit drinking for a while?