BAC of 0.00 still arrested in Austin?

Criminal cases can last a long time. Some misdemeanors will take a year or longer. Larry Davis of Austin found this out the hard way. His DWI case lasted a year. The weird thing was he showed a BAC of 0.00 on the breathalyzer. (BAC means blood alcohol concentration

How does someone show a BAC 0.00 on the breathalyzer and still get charged with an offense?

Intoxication means either BAC of 0.08 or higher of the person does not have normal use of their mental of physical faculties.

Regardless, of whether a person shows a BAC 0.00 on the breathalyzer, the question is if they are intoxicated. There are other substances that cause intoxication, which the current breathalyzer does not test. These substances could impair a person to where they are legally unable to drive. The strange thing is Davis offered the police a blood sample. They took it and Davis tested negative for alcohol and 7 drugs.

Larry Davis was lucky that he hired a diligent attorney and the Travis County prosecutors believe their job is to see justice is done. After a year of dealing with this, Larry Davis’s attorney Daniel Betts got the charges dismissed.

Why was Davis arrested?

Travis County has the highest dismissal rate for driving while intoxicated of any metropolitan area in the State of Texas. In 2013, Travis County dismissed around thirty percent of their DWI cases. The numbers were similar in 2011. Police in Austin and the surrounding areas have instituted a take no chances policy. This means they will make arrests even if they know there is insufficient evidence to support a prosecution.

The most common misunderstanding people have is that talking to the police or providing them with evidence will keep them from getting charged with a crime. Larry Davis registered a BAC of 0.00 on the breathalyzer and provided a clean blood test and law enforcement still arrested him. If you are faced with a similar situation, it is best to talk to a lawyer because you may not be as lucky as Mr. Davis.

For criminal defense, Brian really knows Texas Criminal Law and the rules of law. He's prepared when he goes to trial and ready with really good objections. - Laura G.




Extremely satisfied client
Mr. Newman was an excellent help to my case. I had a possesion of marijuana case and was extremely pleased with the outcome of my case. I will recommend him in the future to anyone I know that has a need for a criminal justice attorney, and should I ever need his services again I will gladly contact him. He is a very straight forward and no nonsense individual and it was a pleasure being assisted by him. - Philip 

Fantastic Fort Worth defense attorney! Brian J. Newman represented my son and I could not be happier with his work. Thank you so much for your help. - Michael S. 






How can we help you?

To learn more about your case and how the team at the Law Offices of Brian J. Newman can help, fill out the form below and contact us for a free case evaluation.

All fields with an * are required.