DWI FAQ 4

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What is .08 Alcohol Concentration?

"Alcohol concentration" is defined by the statute as:

a. the number of grams of alcohol per 100 milliliters of blood;

b. the number of grams of alcohol per 210 liters of breath; or,

c. the number of grams of alcohol per 67 milliliters of urine.

Practically speaking, if you've been drinking, unless you are a physicist, an engineer, or a chemist, and have a calculator, you will be unable to determine if you have an alcohol concentration of .08 or more. Further, it is of interest to note that the amount of alcohol in each of the above statutorily defined concentrations is not equal, and can therefore result in a person being innocent according to one concentration but guilty according to another. Moreover, under the two statutory definitions of intoxication, it is also possible for a person to be innocent of being intoxicated because there is no loss of either normal mental or physical faculties but still be guilty of being intoxicated via .08.

 

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Dallas DWI Criminal Defense Attorneys

Peter Barrett, Esq.
Moore Gunter & Barrett
(Tel) 214-868-8608; (Fax) 214-521-0012

E-Mail: Dallas DWI Lawyer

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