Just as eyewitness identification is critical in a murder case or a robbery, breath testing evidence is critical in intoxication offenses. That is typically the most damning single piece of evidence a prosecutor can introduce during any intoxication offense.
As it currently stands in the State of Texas, the legal limit for alcohol is a .08. This is true for both breath alcohol content (BrAC) and blood alcohol content (BAC). If you test higher than a 0.08 for either breath or blood, you are considered legally intoxicated. This is true for any motorist at operating a motor vehicle in a public place in the state of Texas.
If you are a under the age of 21, you are a minor according to the Texas Transportation Code. For any motorist under the age of 21, if you have any detectable amount of alcohol in your system (regardless if you are below a .08), you can be arrested and cited for driving UNDER the influence or DUI. This is a class C misdemeanor that is not punishable by jail time, but rather, only by fine.
- Breath Test Operator (BTO)
- Intoxilyzer 5000