1. #1
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    DWI enhancement for .15 BAC

    Quick question about this..

    So the new DWI statute says

    If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0/15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
    What if it is the person's 2nd DWI offense? Prior to this amendment, it would be a Class A. If it's their 2nd DWI and they blow a .15, I assume it's still just a Class A. It doesn't enhance a Class A to a felony does it?

    So basically, the new law ONLY affects first time DWI's, right?

    I read the statutes, but the Legislature's website isn't updated from the last session.

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    Quote Originally Posted by adeutch View Post
    Quick question about this..

    So the new DWI statute says



    What if it is the person's 2nd DWI offense? Prior to this amendment, it would be a Class A. If it's their 2nd DWI and they blow a .15, I assume it's still just a Class A. It doesn't enhance a Class A to a felony does it?

    So basically, the new law ONLY affects first time DWI's, right?

    I read the statutes, but the Legislature's website isn't updated from the last session.

    Yup, you're right. Just affects first time dwi at .15. Guess it doesn't matter what they blow on their 2nd. U da man.

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    Quote Originally Posted by iamacop View Post
    Yup, you're right. Just affects first time dwi at .15. Guess it doesn't matter what they blow on their 2nd. U da man.
    Sweet. I had a guy blow .166 and .163 the other night, so I knew it was a Class A, but then my FTO hit me with, "What if it's his 2nd DWI? Does it enhance to a felony?" It ended up being the guy's first, so it didn't matter. But I obviously need to know the answer anyway.

    I'm pleased with this one because it's just about sure to stick. #1 it was in Williamson County and #2 he performed all SFSTs and #3 he blew. Prior to that, all my DWIs basically refused all SFSTs and told me to f- off. Other officers informed me that they will probably get off in Travis Cnty, despite being found passed out behind the wheel.

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    Yeah, only counts on his first DWI. It's disappointing that even if you know they they would blow over a .15 but refuse, they are only getting a Class B Misdemeanor. I think I see some revisions coming in 2 yrs.
    TEXAS STATE TROOPER

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    Quote Originally Posted by Trooper2795 View Post
    Yeah, only counts on his first DWI. It's disappointing that even if you know they they would blow over a .15 but refuse, they are only getting a Class B Misdemeanor. I think I see some revisions coming in 2 yrs.
    Last time I checked you can obtain a search warrant for blood. This would prove B.A.C. above .15 even in the case of a refusal.
    Last edited by Native Texan; 12-15-2011 at 04:22 AM.

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    Our county actually has judges oncall to get blood warrants........

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    Ha, trust me, I've heard horror stories about Travis County, even with a breath or blood specimen.

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    Don't forget to put BAC for blood and BrAC for breath. A little pet peeve of mine.

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    Quote Originally Posted by ftttu View Post
    Don't forget to put BAC for blood and BrAC for breath. A little pet peeve of mine.
    first time i've ever heard of that

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    Quote Originally Posted by Dr. Peebody View Post
    first time i've ever heard of that
    Several years ago in a really good DWI training class, they harped on that. The assistant district attorney that was there said we wouldn't lose cases but that it was best.....at least here in Texas. So I still correct reports that way when they come in "incorrect".

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    Quote Originally Posted by ftttu View Post
    Several years ago in a really good DWI training class, they harped on that. The assistant district attorney that was there said we wouldn't lose cases but that it was best.....at least here in Texas. So I still correct reports that way when they come in "incorrect".
    if thats the way its done then thats the way its done.....correct me if i'm wrong, but the breath is sampled in order to determine the alcohol content of the blood...not the breath. so ''breath alcohol content'' is sort of misleading, unless your breath test instrument works different then ours, in which case i withdraw my contention.

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    Incorrect. It's BAC-Blood alcohol concentration and BrAC- Breath alcohol concentration, not content.

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    Quote Originally Posted by iamacop View Post
    Incorrect. It's BAC-Blood alcohol concentration and BrAC- Breath alcohol concentration, not content.
    ok, be that as it may, your response doesn't answer to the meat of my question

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    http://www.dwi.com/blood-alcohol-content With an Intoxilyzer 5000 Instrument, you won't know the BAC but you will know the BrAC. Read the link.

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    Have to agree with ftttu. Remember in the Penal Code at the distinctions between how alcohol in the body is measured. When looking at it through the legal standards of measurement, it is a matter of ratios in relation to the expelling of alcohol through different parts of the body. If measuring by breath, it is the number of grams of alcohol per 210 liters of breath. The readout gives you the alcohol concentration of the breath, which is otherwise known as BrAC. If alcohol concentration is done through blood it is the number of grams per 100 milliliters and the test will give you the alcohol concentration in the blood, which is the BAC.

    While it may not lose your DWI case, not labeling the difference, or being unable to explain the difference, could make you seem like an uneducated or less credible witness.
    Last edited by blairian; 12-21-2011 at 01:19 AM.

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    Quote Originally Posted by blairian View Post
    Have to agree with ftttu. Remember in the Penal Code at the distinctions between how alcohol in the body is measured. When looking at it through the legal standards of measurement, it is a matter of ratios in relation to the expelling of alcohol through different parts of the body. If measuring by breath, it is the number of grams of alcohol per 210 liters of breath. The readout gives you the alcohol concentration of the breath, which is otherwise known as BrAC. If alcohol concentration is done through blood it is the number of grams per 100 milliliters and the test will give you the alcohol concentration in the blood, which is the BAC.

    While it may not lose your DWI case, not labeling the difference, or being unable to explain the difference, could make you seem like an uneducated or less credible witness.
    Yep, DWI cases are so overly scrutinized so being as accurate as possible is a big positive.

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    Quote Originally Posted by blairian View Post
    Have to agree with ftttu. Remember in the Penal Code at the distinctions between how alcohol in the body is measured. When looking at it through the legal standards of measurement, it is a matter of ratios in relation to the expelling of alcohol through different parts of the body. If measuring by breath, it is the number of grams of alcohol per 210 liters of breath. The readout gives you the alcohol concentration of the breath, which is otherwise known as BrAC. If alcohol concentration is done through blood it is the number of grams per 100 milliliters and the test will give you the alcohol concentration in the blood, which is the BAC.

    While it may not lose your DWI case, not labeling the difference, or being unable to explain the difference, could make you seem like an uneducated or less credible witness.
    A DWI expert on my shift was saying something about mandatory blood draws typically resulting in a much higher reading than Intoxylizer results. So this would make sense.

  18. #18
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    Quote Originally Posted by adeutch View Post
    A DWI expert on my shift was saying something about mandatory blood draws typically resulting in a much higher reading than Intoxylizer results. So this would make sense.
    True story right there...
    Let your watchword be duty, and know no other talisman of success than labor. Let honor be your guiding star in your dealing with your superiors, with your fellows, with all. Be as true to a trust reposed as the needle to the pole. Stand by the right even to the sacrifice of life itself, and learn that death is preferable to dishonor. ~ Gov. Richard Coke, October 4, 1876

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