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Dallas, Tx - Refused field sobriety tests received blood test four hours after arrest. What is estimated BAC range to prosecute?

Plano, TX |

I was arrested for refusing a breathalyzer and field sobriety test to which I had to wait about 4 hours afterwards before receiving a blood test. About what range of BAC would the city of Dallas prosecute for and what range is likely safe against the city pressing charges? This in regards to how the city uses retrograde extrapolate to determine your BAC at the time of arrest.

In case it matters I'm a 25 year old, 5'11" male, weighing about 200 pounds. For what it's worth I had five shots of rumplemints between 11PM - 1AM, was arrested at 2AM and received my blood test after 6AM.

Unfortunately I made the mistake of telling the police officer's what I drank, how much I drank, when I was drinking, how much I had eaten, etc.

Currently it's been 8 months and no BAC results

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Attorney answers 5


Retrograde is only an issue at trial. If your blood comes back over a. 08, the case will definitely be filed. If its under a .08, the DA will probably not accept the case unless the officers allege that the intoxication was due to alcohol and another substance. Most of my blood DWI cases are taking 6-12 months to get filed because the labs are so backed up. The state has two years to file the case, assuming it's misdemeanor.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.


OPPS! That's one of the problems with alcohol, it loosens tongues and causes people to shoot off their foot. What does it matter what the alcohol level is 4 hours after you told them everything? Get an expert DWI attorney who can review the video of your confessions and the results of a retrograde evaluation and advise you before you decide what to do. Your case is not hopeless but you apparently damaged it a lot. In the meantime, be sure that you have requested an ALR, so your license is not automatically suspended.


Follow the advice of Attorneys Jaggers and Beaty. They frequently post on TX DUI issues and know their stuff. It might behoove you to give one of them a call to get them to monitor the case against you. Best of luck.

Jasen Nielsen


What you told the police may be suppressible evidence. What you post on this legal forum is not suppressible. Consequently, please remain silent, refrain from anymore Internet postings, and hire the qualified DWI lawyer the other attorneys suggested.


It goes without saying that your admission to police does increase the level of difficulty in your specific instance. I agree with Ms. Jaggers about the lag in results, due to a huge backup. If the state decides to file a case, after the results are available, that is when any issue of Retrograde Extrapolation. One thing that your attorney may be able to do to help you is too attack any results based on the actual number of points of examination points that were actually used. Were these factors different from the ones the officer indicated? In other words, did the officer relay all of the relevant information that you gave to the him (likely not)? Did YOU give all of the relevant information to the officer (again, likely not)? There are also likely a number of factors that are relevant that you would not have even thought about at the time that, when considered as a whole, would ultimately affect any RE number the state comes up with.

Normally, before you have to consider any of the above, you will want to make sure that you request a hearing, in writing, within 15 days, to ensure your license is not automatically suspended. I am assuming that this is not an issue with you, considering that eight months have already passed. Your attorney will want to know if/what evidence was requested and acquired at the hearing.

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