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.