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Let’s be real, Kombucha, mouthwash, cologne and pizza yeast will not explain away your .18 blood alcohol content. Generally, each beer you drink is a .02, so after 4 beers you may be somewhere around a .08, depending on the type of drink, how quickly you drink, what you’ve eaten and a myriad of other factors. If you are arrested for DWI, an officer might attempt to convince you it is wise to voluntarily participate in giving a sample of your breath. While your driver’s license may be suspended for a longer period if you refuse, your arrest alone almost always guarantees your license suspension either way.  Failing to provide this sample could also be used against you in Court, but a good defense attorney will ensure a jury also understands your 5th amendment right not to give evidence against yourself.

Another consideration in these circumstances is that a Court may order that you comply with several conditions on bond or probation, including an in-home, in-car or portable breath device.  Contrary to popular belief, these sophisticated devices are capable of discerning alcohol from these wives tales. It’s better to not put yourself in a situation where you have to choose whether to give these samples, or trying to convince a jury not to convict or a judge not to revoke your bond because, according to you, you chugged Kombucha like a Camel in the Sahara just before getting pulled over or coming to Court. But if you find yourself in these situations, a seasoned attorney is your best source of advice.

Thank you for visiting Jarvis, Garcia & Erskine’s blog, an Austin criminal defense law firm. We write to inform you about law changes and news.