Breath, Blood & Urine Tests
Houston DWI Attorneys: Challenging DWI Tests
When you are suspected to be driving while intoxicated (DWI) by alcohol
consumption, a law enforcement officer may ask you to submit to a breath,
blood or urine test. The officer may also have you complete
field sobriety tests, which are physical tests designed to show physical awareness and agility
that is supposed to indicate sobriety or intoxication. Though you can
refuse to take a breath, blood or urine test when requested to by an officer,
this will result in an automatic license suspension. This suspension is
up to twice the length of the suspension you would face if you had been
Understanding more about DWI tests and what to do if you are
pulled over by a law enforcement officer can help you make the right choices in the
face of DWI charges. In addition to reviewing the information here, please
feel free to contact a Houston DWI lawyer at our firm at any time to discuss
your unique situation, questions and concerns. The three different types
of chemical tests that are commonly used after a DWI arrest are:
Breath Tests – Using an Intoxilyzer, a
breath test involves blowing into a device that measures the alcohol in your breath
to determine your blood alcohol concentration.
Blood Tests – This test is conducted using a blood sample, which is analyzed for the
presence and concentration of alcohol. This often considered the most
– Usually only performed for DWI cases involving suspected drug use, this
test involves taking and analyzing a sample of a driver's urine.
Problems with the Breathalyzer
The most commonly performed BAC test is the breath test, also known as
the "breathalyzer." In this test, an officer has the suspect
take a deep breath and blow into a device that will read the amount of
alcohol in the person's breath. This device is delicate, however,
and must be properly calibrated before each use in order to produce a
valid reading. The way a person breathes into the device can also affect
the integrity of the reading, such whether or not they blew into the device
for a long enough period of time for a reading to be taken. A person's
health may even affect their reading, such as if they have a medical condition
such as acid reflux, or even if they have a simple fever. The margin of
error can be surprisingly large at times due to these necessary procedures.
I failed a breath test. Can a Houston DWI lawyer help?
The tests described above can be the
evidence that puts you in jail for DWI. They, can all be administered or evaluated
improperly, however, resulting in an incorrect charge. There are countless
instances in which these tests were dismissed due to flaws and errors
in everything from device maintenance to test evaluation. We know how
to fight for your rights – let us help you with your DWI. You don't
have to face harsh
penalties, jail time, fines, probation and other consequences related to a DWI charge.
If you have been charged with DWI, it is in your best interests to speak
immediately with a lawyer who has experience successfully handling such
cases in Texas.
Contact a Houston DWI attorney at The Martinez Law Firm today to see how we can help you.