Blood Alcohol Content and Breath Tests
The legislatures of most states are frequently passing new laws or increasing punishment for existing laws. The pursuit of "prohibition" by certain organizations pressures state legislatures every year. The truth is that as citizens we have the right to drink, and as long as you are not over the legal limit (.08 in Texas), then you are legal to drive. In Texas, when a driver is suspected of DWI, an officer has the "option" of asking the motorist to submit to a breath or blood test. Texas allows the motorist to refuse to take these tests, or any other test the officer may ask of him or her. But if the officer has a reasonable suspicion that the motorist is over the legal limit, the motorist will probably be arrested and taken to jail. Also, the motorist's license will be suspended for at least 90 days unless certain legal action is taken immediately. If the motorist takes one or more tests and fails, their license may be suspended up to 180 days and an arrest will occur. The charts below show what a person's BAC might be based on their body weight and how how many drinks per hour were consumed. NOTE: One drink is equal to 1.25 oz. of 80-proof liquor, 12 oz. of beer, or 4 oz. of table wine. The average drinker's elimination is .015% per hour. 
Knowledgeable criminal defense lawyers know that a large majority of the officers administering field tests conduct them in a manner not approved by the NHTSA training and student manual. Officers typically make improper judgments and incorrectly grade the subject performing the tests. If the tests are administered incorrectly, they are unreliable. A good attorney will cross-examine the arresting officer to find any improper actions taken during the stop, field tests, or arrest and to make sure the cop abided by the law on all accounts. Frequently officers make mistakes, and citizens who were charged with a DWI are able to have charges dropped because of their protection under the law and by their attorney's knowledge of the law.
Can a minor refuse to take a breath test?
Yes, but the following penalties will result: 1) suspension of driving privileges for at least 120 days for the first arrest 2) a 240 day suspension of driving privileges if the minor has one or more previous drug or alcohol related offenses within a five year period What are the penalties for a minor convicted of DUI? First offense: (Class C Misdemeanor) If under 18 years old the court will requires a parent or guardian to be present at every court appearance. A minor may be fined, required to complete between 20 and 40 hours of community service related to education about or prevention of misuse of alcohol. The minor will attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days. The parent or guardian may be required to attend with the minor. This conviction may be expunged after the minor's 21st birthday. Second offense: Same as above except: 40- 60 hours of community service, and a second conviction may not be expunged. Third offense: (Class B misdemeanor) same as above except: no differed adjudification and a fine from $500- $2000 and/ or up to 180 days in jail plus license suspension