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Breathalyzers can't tell wine from beer

In Texas and all other states, having a drink with a meal and then driving home does not necessarily mean you are breaking the law. In fact, it is possible that you may have more than one alcoholic beverage and still be within legal limits.

But assuming your BAC will be within the legal limit because you only had one or two drinks may turn out to be a major mistake. And some assumptions (such as white wine has lower alcohol content than dark beer) are often incorrect. It's crucial to remember that a Breathalyzer test cannot differentiate between types of alcohol; it can only detect the presence of alcohol on your breath. Type of alcohol is irrelevant.

Things to remember to avoid DWI in Texas

Some types of alcoholic beverages contain higher percentages of alcohol than others. Dark beers usually have the lowest alcohol content of beers. And another random fact that you may not know is that red wine often has a higher alcohol content than white wine. The following facts may help you avoid a DWI on your record:

  • Breathalyzer tests can produce faulty results. Any number of issues may cause false positives. What you had to eat or drink (even if you did not consume alcoholic beverages) as well as medication you may have taken or mouthwash you used can all skew Breathalyzer results. Correct results also depend on whether someone properly calibrated the device and whether the person administering the test was certified.
  • Never assume that because you stopped after a couple drinks, you'll be okay to drive. It takes several hours for a .05 BAC to drop back to zero.
  • Food consumption slows alcohol absorption in the bloodstream. This is one reason it's always a good idea to eat while you drink alcohol.
  • You might choose a non-alcoholic beverage over one with alcohol. Keep in mind that non-alcoholic beverages may still contain trace amounts of alcohol!

There is no foolproof method of avoiding DWI charges in Texas. The fact is if a police officer thinks you drove under the influence, you may still face charges even if you never touched a drop. In such circumstances, the type of defense you present in court may greatly impact the ultimate outcome of your situation.

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