Texas DWI – DUI Blood Alcohol Test

Reader’s Question:

I was convicted for a DWI offense last week and as I was researching I read that tolerance to alcohol may affect intoxication. Is that true? Because I have a high tolerance towards intake of alcohol, will my tolerance to alcoholic drinks affect my blood alcohol level when I undergo a blood alcohol test in Texas?

Sam

Houston, Texas

That answer to that question Sam is a big No. Tolerance to alcohol will not affect the measurement of your blood alcohol content if you take a blood alcohol test. As you know, in Texas a person may be convicted of DWI if their blood, breath or urine has a 0.08 alcohol concentration. Although their alcohol content will not be affected, their level of impairment and intoxication may. Alcohol tolerance may vary from an individual to another, depending on their genetics, prolonged use of alcohol, and effects with other drugs. Unless a person exhibits a very high tolerance to alcohol, a 0.20 blood alcohol content already indicates a very dangerous level for intoxication and for first time drinkers at only 0.15 they would already be unconscious. In extreme situations, like a case reported in Bulgaria, a very high alcohol tolerance can survive a blood alcohol content of 0.0914.

There is no actual definite rule that can accurately predict alcohol level, as every person is different and will process and metabolize alcohol at their unique rate. The only difference is that if a person has a liver failure, if they drink, the alcohol level will not easily be metabolized since the liver has been damaged already.

Charged With DUI in Houston – Need SR22 Auto Insurance?

Reader’s Question:

I was charged with a DUI in Houston and I have had full coverage on my vehicle for 5 years and it was in effect on the day of the conviction. Am I required to get AR22 in conjunction with my current insurance policy I have, which I have never allowed to lapse?

Andrea

Houston, TX

If you are charged of the DUI and had your license suspended by the state of Texas for this offense then yes. Normally you would now be required to acquire and maintain a SR-22 as part of your driver’s license reinstatement process.

The Texas Department of Public Safety (DPS) states that a conviction for driving while intoxicated (DWI) typically results in a license suspension. The time period varies by court but may not exceed two years. A conviction of a DWI/DUI for an individual under the age of 21 will result in an automatic suspension for a year per Texas Transportation Code 521.344

Now, you will need to then maintain the SR-22 for the required period of time. If you are going to cancel it and the DPS received notification from the insurance provider that the policy was canceled, terminated, or lapsed, appropriate enforcement action may be taken. If the SR-22 is still required and there is no valid SR-22 on file, the driving privilege and vehicle registration will be suspended or revoked by the DPS.

To make sure if in your particular situation you will need to file a SR-22 if not, contact the Texas DPS directly.