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The Type of Alcohol Could Impact Your DWI Case

Updated: Aug 27, 2023 @ 7:32 am

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Not all alcohol is created equal. This is especially true as it relates to your BAC readings if you’re suspected of Driving While Intoxicated. The state of Texas uses this to factor in your level of intoxication in a DWI case.

As seasoned Texas DWI attorneys with experience spanning decades, we’re fully aware that the specific type of alcohol consumed can play a major role in the outcomes of a DWI case. We’re not just talking about the difference between beer and bourbon, but nuances that stretch far into the science of alcohol. This is a field where both Mr. Nelson and Ms. Spurlock have supportive credentials as ACS/CHAL Lawyer-Scientists.

Your BAC is More Than Just a Number

Texas law is clear: driving with a blood alcohol content (BAC) of 0.08% or higher is illegal under the Texas Penal Code Section 49.04. Furthermore, if your BAC is over 0.15%, enhanced DWI charges will apply.

But here’s a little-known twist: how that alcohol affects you can vary widely based on the type of beverage consumed.

This isn’t a minor detail; it’s a constitutional issue of fairness and equity which is anchored in the Fourteenth Amendment of the United States Constitution and Article 1, Section 19 of the Texas Constitution.

Each of these statutes guarantees equal protection under the law. We believe that these legal protections entail a fair understanding of BAC.

The ‘Craft Beer’ Variable

Today’s craft beers can range from a light 4% alcohol by volume to a potent 12% or more. That’s a significant range. Lawmakers probably didn’t have this variable in mind when crafting DWI-related laws in the Texas Penal Code.

Consider this scenario: A motorist enjoys two craft beers at a Galveston pub, not realizing their alcohol content is nearly triple that of a standard beer. Despite feeling relatively sober, their BAC could read much higher than anticipated.

If this person is stopped by police for a non-DWI related traffic infraction, it could mean serious criminal charges for Driving While Intoxicated.

Mixed Drinks

A Murkier Picture

Mixed drinks can be even more deceptive.

One might assume they’re pacing themselves responsibly by drinking cocktails. However, mixologists (much like our lawyer-scientists) are artists of their craft, and the alcohol content in a mixed drink can vary drastically.

Attorney Tad Nelson’s experience is buoyed by his extensive background as the former Asst. Galveston County District Attorney and Board Certification® in Criminal Law by the Texas Board of Legal Specialization. Mr. Nelson knows the ins and outs of the science as it relates to these matters. He has built defense strategies that encompass the potential overestimation of intoxication based on these inconsistencies. If you’re seeking help following DWI charges for yourself or a loved one, give us a call.


Your Body’s Role

The Law Offices of Tad Nelson & Associates is also keen to shed light on another critical aspect of DWI defense: human physiology.

Everyone’s body metabolizes alcohol differently. This is a fact that’s well-established in scientific literature. This is part of the argument that the type of alcohol matters.

Tad & Amber’s expert understanding of this science ensures that the court considers how your body uniquely processes the alcohol you consume. This is integral under the Texas Code of Criminal Procedure, Article 38.23, regarding illegally obtained evidence.

Texas Law

Rigorous but Reasonable

Texas is known for strict DWI enforcement. The goal of such enforcement actions is to keep our roads safe. However, our legal system is also built on justice and reason.

Suppose the type of alcohol consumed is a factor that’s not immediately apparent to officers at a traffic stop. However, this factor can significantly impact BAC readings. If apparent, we’ll need to point this out in court.

Using Science In a Defense Strategy

Here’s where the credentials of Tad Nelson & Amber Spurlock as ACS/CHAL Lawyer-Scientists become pivotal. Our law firm harnesses its in-depth knowledge to assess the validity of BAC readings and how the type of alcohol consumed might have influenced those results.

In a court of law, science and facts reign supreme. At Tad Nelson & Associates, we employ this rigorous approach to question the prosecution’s DWI evidence from a critical perspective.

Attorney Tad Nelson - Board Certified in Criminal Law

Affordable Expertise at Your Service

Are you facing a DWI charge in Galveston County or Houston & Harris County? If so, depending on the circumstances and previous criminal history on your part, the stakes can be extremely high.

Tad Nelson & Amber Spurlock are available to step in on your behalf.

Our law firm provides 100% confidential consultations, free initial consultations, flexible payment options, and affordable legal fees. We’re in excellent standing with the State Bar, having never been disciplined as individual criminal defense lawyers or as a law firm.

With a pristine record with the State Bar of Texas, our priority is to serve you with the utmost professionalism and expertise.

We have numerous 5-star reviews on Google, which are a testament to how high our clients rank as a priority of our law firm.

Charged with Drunk Driving in Houston?

Know Your Options. Call Tad Nelson & Associates.

When it comes to defending your rights in a DWI case, the attorney you choose can make all the difference in the world. We encourage you to put your trust in the seasoned hands of Attorneys Tad Nelson & Amber Spurlock.

We don’t just practice law—we master it with a scientific approach. To get started or get answers to any pressing questions you may have, call us today at 713-802-1631.

Houston DWI Lawyer Tad A Nelson is Board Certified in Criminal Law by the TBLS.

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