Triple Zero May Not be the Winning Number

As a recent arrest of celebrity golfer Tiger Woods highlights, even blowing .000 on a breathalyzer machine will not fully protect you from a charge of DUI or, in Texas, DWI.  The breathalyzer machine only tests for the presence of alcohol in the subject’s breath (and thus, their blood).  The machine will not detect the presence of many other substances that can lead to intoxication.

As a reminder, intoxication Texas is defined  as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body” or by having a blood alcohol concentration of 0.08 or more.  It is only for that last method of proving intoxication – the blood alcohol concentration – that the breathalyzer machine can speak to.

Beyond just alcohol which can be detected by the breathalyzer machine, intoxication can stem from the ingestion of controlled substances such as illegal narcotics, or even legally prescribed medications.  Even over the counter medication, if it renders the user “not normal” can lead to intoxication under Texas law.

Another aspect of intoxication that will not register on a breath test machine is the synergistic effect  that may occur when two or more substance are taken together or with alcohol.  Chemicals can often enhance and multiply the effects of each other when taken at the same time.  Legal, illegal, prescribed or over the counter, drugs that do not show up on a simple breath test may still be quite intoxicating to the user.

As always, be careful what you ingest, know your limits, and drive safely.

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