Breath and Blood Tests
Texas laws are strict regarding blood and breath tests following a DWI or DUI arrest. When an officer of the law pulls you over due to the suspicion you are driving under the influence or while intoxicated, he or she has the right to ask you to provide a blood or breath test to check your level of consumption. You are granted the legal right to refuse to take a breath test or submit to a blood test, but you must understand in doing so you grant immediate permission for your license to be suspended. This is a strict law, and it’s why contacting a DWI lawyer immediately after your stop is required.
Breathalyzer tests are used to determine how much you’ve had to drink. The legal limit is 0.08%, but many people are stopped with a much higher level. The level of your subsequent discipline is dependent on how many times you’ve been arrested for a DWI in the past and how high your limit is when you’re stopped. This is a test performed by the arresting officer while you stand outside your vehicle on the side of the road.
A blood test is not performed by an officer, and it’s often required to determine a more accurate level of intoxication following an arrest. It’s done at a police station or when the officer takes you to the local hospital. It’s more accurate than a breath test, and you have the legal right to request this kind of test is performed if you do not believe the results of a breathalyzer are accurate. Both tests are controversial, and both can be challenged in a court of law. This is why it’s imperative to call an attorney who can help you prove your case as well as have your license reinstated.