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July 11, 2008

Texas TX DWI Blood 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.

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