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Breath & Blood Tests

Breath & Blood Tests

When is a Breath, Blood, or Urine Test Administered?

Breath and blood tests are administered when an individual is suspected of being under the influence of drugs and/or alcohol while operating a motor vehicle—including a car, a commercial vehicle, or even a watercraft. One of the most common types of sobriety test that may be administered is a breath test (also commonly referred to as a "breathalyzer test"). This is a routine roadside test that a law enforcement officer may request an individual to take if the individual is suspected of driving under the influence of alcohol. For this test, the suspected drunk driver will be asked to breathe into a unit called an Intoxilyzer, which measures the driver's blood alcohol concentration level ( BAC). If the driver registers more than 0.08% on this test, they will likely be arrested and charged with a DWI offense.

A blood test may also be administered. A blood test is another test that measures blood alcohol concentration. This test can also be used to measure any amount of drugs or narcotics in a driver's system. If this type of test is being administered, the law enforcement officer is probably fairly certain that the individual is under the influence of a substance that has left them physically and mentally impaired. One may also be asked for a urine test which is another test to measure the body's levels of intoxicants. If you have submitted to a breath, blood or urine test and were subsequently arrested and charged with DWI, it is vital that you contact an attorney as soon as possible.

Refusing a Chemical Test

In Texas, "implied consent" laws prohibit anyone from being able to lawfully refuse a chemical sobriety test. Implied consent law are applicable to anyone who has accepted the responsibility of obtaining a driver's license in the state, and mandate that any driver that is suspected of driving under the influence cannot therefore refuse to adhere to a chemical test. A driver can still refuse to take a test, as a law enforcement officer cannot physically force anyone to do so, but there will be consequences. If a driver is made aware of the penalties of refusing a chemical test and still wishes to abstain, they may face the immediate penalties of a license suspension of up to 180 days for a first offense. If they have refused for a second time, they may face a license suspension of up to 2 years, and they may still be arrested for a DWI anyway.

The Consequences of a Conviction

When convicted of a DWI charge in Texas, the penalties are severe. You may lose your ability to drive as well as pay stiff fines. Depending on the circumstances of your arrest, you may spend time in jail or be required to do extensive community service. If you or a loved one has been arrested for a DWI while also having submitted to a breath or blood test, contact our firm so that an attorney can evaluate the different legal options available in your case.

Highly Experienced Plano DWI Attorney

Jason Zendeh Del is a seasoned defense attorney as well as a former prosecuting attorney. This experience gives him a great advantage over the average defense attorney. Because of his knowledge of how a prosecutor operates, we know how to build an extremely strong defense against any prosecution. We also have extensive court room experience, and we have a 100% success rate on non-disclosures and expunctions. Don't let the pressure of a DWI charge cause you to make a wrong decision. The criminal defense lawyers at our firm can provide you with a comprehensive defense of your case.

Contact a Plano DWI attorney from The Zendeh Del Law Firm, PLLC today.