Auto accident (rollover); worked by DPS; defendant (21 y/o female) admitted being driver; she had no driver's license (never got one); stated she could not remember what happened; defendant and 2 pax transported to hospital by EMS, so no FST's; DPS trooper smelled alcoholic bev on her breath at scene and at hospital; defendant stated she had consumed three smirnoff's on ice; defendant consented to blood test; results of blood test = 0.05 gm/ml. what do you say?

Have had similar facts as you described on several occassions and I have offered a deferred on a charge of deadly conduct with the same probation terms as a DWI or obstructing a highway. Additionally,I have offered max fine and court cost on a PI or participation in some sort of pretrial diversion program depending on the amount of evidence available. My rational being the driver probably did not have the use of their normal faculties(as we know from research) even less than .08 but my proof is slim and they need some consequence to keep it from happening again

How many hours after the driving was the blood sample taken? Do you have extrapolation facts? Do you have potential testimony from the officers or other witnesses that she appeared to not have the normal use of her mental or physical faculties due to the introduction of alcohol into her body? Is there any indication that drugs were involved? The answer to those questions would help me determine what I would charge her with. The proper charge may very well be DWI.

Richard, DPS Trooper notified 12:37 am; arrived at scene 12:53 am. Time of arrest on DIC-24: 4:55 am. Date/time blood withdrawn (on hospital form): 4:17 am. Trooper would testify to loss of faculties. Haven't interviewed EMS or hospital personnel yet. Don't know if any other officers responded. No indication of drug involvement.

See if your tech supervisor has DUI Professional software which, given the gender, weight and ultimate test result plus time of last drink (presumably at least the time of the accident), can calculate how much ethanol (or the equivalent in # of drinks) the person had to have consumed to reach that blood result... then you can work backwards with various different scenarios to predict whether the BAC was over or under the limit at time of driving. Not reverse extrapolation, so you don't need the Mata factors. If you don't have a contact for this, you should email Alvin Weathermon, our tech supervisor, at alvin.weathermon@ci.austin.tx.nospam.us for more information.