What’s a Chemical Test for DWI?

What’s a chemical test for DWI? Driving while intoxicated (DWI) – without enhancement – is a misdemeanor in Texas. When law enforcement suspects you of drunk driving, the officer is likely to perform a chemical test for DWI. This test detects alcohol in your system at a specific point in time. 

Curious about how these tests work? The Martinez Law Firm is here to help. When you face a DWI arrest, it’s important to have an advocate on your side. 

Attorney Herman Martinez is your advocate in Houston, TX. Schedule a consultation to learn more about your legal options. 

Tests Used By Law Enforcement in Texas

When an officer pulls you over under the suspicion of drunk driving, how do they prove it? 

In Texas, there are three common chemical tests used to determine a driver’s blood alcohol concentration (BAC): 

  • Breath test
  • Blood test
  • Urine test

Each test allows the officer to see whether or not to arrest and charge the driver for a DWI. Let’s take a look at how these tests work. 

Breath Test for DWI

Law enforcement uses a machine called a Breathalyzer to perform a breath test. Generally speaking, these are the most common type of chemical test for DWI. To administer the test, the officer has you blow into the machine. 

Then, it calculates the level of alcohol in your breath. It determines this with a percentage of the alcohol it detects. Typically, these tests are not as accurate as a blood test. 

However, they are far easier for the police to administer in a traffic stop. 

But, what happens when you refuse to take a Breathalyzer test? When a cop pulls you over, they ask you to take a breath test if they suspect drunk driving. 

At this point, you do not have to consent to the test. However, you then face consequences when you refuse the test. While you do not have to perform the test, the next step is for the officer to request a warrant for a blood test. 

Then, refusal results in even worse consequences. 

DWI Blood Test

In Texas, the legal limit of intoxication is 0.08% BAC. While it’s more common for officers to use a breath test, blood tests are also quite common. In part, this is because breath tests are far less accurate. 

To measure the levels of alcohol in your blood, they take 100 milliliters from you. Then, the blood goes through a test called “gas chromatography” that determines your BAC. 

Can I Refuse a Blood Test?

Technically, you have the option to refuse to consent to the test. However, this comes with consequences. Refusal allows the state to suspend your driver’s license. 

Additionally, the prosecution then has the option to use the refusal as evidence against you. More than likely, they have a warrant for the blood as well. This means you have to submit to the chemical test for DWI or face arrest.

Generally, submitting to this test is the last thing you want. It is invasive and unpleasant. Moreover, it’s more difficult for an attorney to argue against in court. 

Now, both breath and blood tests have their flaws. However, juries tend to find blood tests more believable, which requires a great deal more legwork in court.  

Urine Tests for DWI

A urine test, or urinalysis, is generally reserved for suspected driving under the influence (DUI) of controlled substances and drugs. In DWI cases, they tend to be the least reliable of these three chemical tests. 

Here’s why that is. 

  • The officer pulls a driver over under the suspicion of a DWI or DUI. 
  • A urinalysis detects an illegal drug. However, drugs stay in the system much longer than alcohol. 
  • This means that the test does not prove the presence of current use in either case. 
  • Moreover, at the time of the test, the driver might be completely sober. 

As with the other tests, you have the option to refuse this chemical test for DWI (or DUI). However, there are consequences in this instance as well. 

The Problem With BAC Tests

Among DWI lawyers, it’s no secret that these tests are not reliable. There are many factors that can cause a BAC to appear higher than it actually is upon testing. Health conditions and medication are common issues that alter the results. 

In some cases, inaccurate results lead to a wrongful conviction for someone who never committed a crime. If the State has a chemical test, your case becomes more difficult to argue. Unfortunately, that has the potential to result in an unfair conviction – especially if you don’t have experienced representation. 

When a DWI is on your record, it changes your life. Even minor DWI cases have significant penalties. If you face DWI charges in Houston, TX, you need an experienced DWI defense lawyer on your side. 

At The Martinez Law Firm, we always pursue the best possible outcome of your case. 

Experienced Representation for DWI Cases

Now that you know more about the chemical test for DWI, one of the most important factors to remember is that blood is more difficult to defend against than breath. In truth, not every DWI attorney understands how these tests work. Moreover, the prosecution rarely completely understands the results. 

That’s why you need an experienced, aggressive advocate on your side. At The Martinez Law Firm, we have over 25 years of experience fighting DWI charges for our clients. 

When you find yourself on the wrong end of BAC tests, contact our firm immediately to schedule a free consultation. Let our legal team fight for you. 

How to Avoid a BWI in Texas This Summer

Whether you’re off to Galveston for the weekend or hitting Lake Travis, it’s good to know how to avoid a BWI in Texas before you have a drink out on the water. As a Houston DWI lawyer, Herman Martinez knows that a charge for boating while intoxicated (BWI) is no laughing matter, much like drunk driving. 

Moreover, these cases quickly become complicated. So, here’s what you need to know about BWIs in Texas. Should you find yourself facing charges, be sure to schedule a free consultation with our team as soon as possible. 

Is It Okay to Drink While Boating? 

Unlike driving a car, it is legal in Texas to consume alcohol while on the water. Per the Texas open container law, it is legal for passengers and operators of watercraft to have an open container. However, it is crucial that you keep it within the legal limit. 

In the State of Texas, a BWI and DWI are quite similar. The state defines both as legally intoxicated while operating a watercraft or vehicle. Additionally, the phrase “legally intoxicated” means not having the normal use of your physical or mental faculties or a BAC of 0.08 or higher. 

However, it’s important to note that this does not leave boat passengers immune to laws back on land. It’s still possible for passengers to face public intoxication charges even when the operator of the boat is sober. 

Float Tests: Marine Field Sobriety Tests

The goal of safety patrols is to ensure everyone is safe on the water. Still, they can saddle responsible boaters with charges if they don’t know how to avoid a BWI in Texas. Often, their aggressive tactics, called “float tests,” leave even sober captains in danger of harsh penalties. 

The National Association of State Boating Law Administrators (NASBLA) created float tests because the standard field sobriety tests used on dry land aren’t reliable on the water. The purpose behind their creation was to increase the effectiveness of officers trying to combat BWIs. 

Unfortunately, they mainly made it more efficient to make quick arrests with rudimentary, unreliable tests. While they MAY make the waters safer, they leave too much room for unlawful arrests. 

Are BWIs and DWIs the Same?

Part of knowing how to avoid a BWI in Texas is understanding the key differences between a DWI and a BWI. These differences lie in the penalties and how officers enforce the laws. 

First, it’s quite easy to get a BWI. Oftentimes, game wardens and law enforcement officers wait at docks and watch boats load in. This is because they are legally able to stop people and perform a water safety check. 

These checks provide a broad cover to evaluate the emergency equipment, such as life jackets and fire extinguishers, but extend into alcohol consumption. When they suspect someone of drinking in dangerous quantities, they can submit the entire boating party to field sobriety tests. 

However, after a day out on the water, it is quite common for people to appear inebriated even without having too much to drink. This is due to sun exposure, heat, and general fatigue. Additionally, these tests are designed specifically to facilitate the arrest of boaters. 

The Penalties of BWIs

In Texas, the penalties of a BWI are quite similar to a DWI. These charges carry harsh penalties that only grow worse in light of harm to others or previous convictions. Often, jail time is possible. 

  • First Offense: $2,000 fine and 180 days in jail
  • With a serious injury: third-degree felony with a $10,000 fine and up to 10 years in jail
  • With a death: second-degree felony with a $10,000 fine and up to 20 years in jail
  • Second Offense: $4,000 fine with up to a year in jail 
  • Third Offense: $10,000 fine with up to 20 years in jail

While it is legal to have alcohol on a boat, it’s important to understand that alcohol is involved in the majority of fatal boat accidents. The U.S. Coast Guard notes that a BAC over 0.10 makes someone 10 times more likely to die in a boat accident. No one wants their day ruined by someone who drinks too much on the water and loses control of themselves. 

Out on the water, drinking brings dangers that are not present on the land. Alcohol impacts balance, which is already affected by the water, and reduces body temperature, which can lead to hypothermia if you fall into the water. 

When you plan to go out on the water, bring plenty of water and food. Remember, it is more exhausting to say on the water than on land. Moreover, the distance you can swim sober might drastically decrease while intoxicated. 

If you want to know how to avoid a BWI in Texas, the best option is to stay hydrated and limit your drinking to a responsible amount. 

Are You Facing a BWI in Texas? Call Herman Martinez Today!

Now that you know how to avoid a BWI in Texas, it’s important to know what to do in the event you face BWI charges. As soon as possible, reach out to a skilled DWI lawyer in Houston, TX. With an experienced criminal defense attorney on your side, you have someone to pursue the best possible outcome of your case. 

Stay calm and schedule a consultation with The Martinez Law Firm today.

Minor DWI in Texas: Can Minors Get a DWI?

With summer in full swing, it’s common for parents to wonder, “Can minors get a DWI in Texas?” Unfortunately, the short is yes. However, there are some unique variables that come into play, differentiating a minor DWI from an adult version of the crime. 

Still, these offenses are no less serious when charged as a minor. As always, Texas takes DWI cases seriously, ensuring that consequences are lasting and severe. 

When your child needs representation, you can rely on Houston DWI lawyer Herman Martinez to share his expertise and experience. If you have questions about your case, contact our firm immediately to schedule a consultation. 

Driving While Intoxicated (DWI) as a Minor

A DWI can apply to both adults and minors. When someone under 21 in Texas has a blood alcohol content (BAC) of over 0.08%, they can face DWI charges just like any adult. Additionally, they can be charged with a DWI for being under the influence of drugs, even with a prescription, if it impacts their driving ability. 

In fact, almost any loss of normal physical or mental faculties puts a driver in line for a DWI, regardless of their age. So, a minor arrested with a BAC of over 0.08% is likely to receive a DWI charge. 

Texas Implied Consent Laws

When an officer pulls a minor over for a traffic stop with reasonable suspicion they’ve been drinking, that officer can require the driver to take a blood or breath test. While it’s possible to refuse a breathalyzer, it’s not always the best idea. 

When you drive a car in Texas, you owe a duty of care to everyone on the road. As such, you provide “implied consent” for BAC testing by being on the road. Of course, there’s the option to refuse the test. 

However, that often is just a short delay before the police produce a warrant for a blood test. In a minor DWI case, blood tests are a bit more difficult to exclude or combat as evidence. Additionally, refusal results in an automatic suspension of your driver’s license for 180 days. 

It also doesn’t look great if the case goes to court, even though it’s not possible for them to link refusal to self-incrimination. 

Penalties for a Minor DWI

Typically, a minor faces the potential of fines, license suspension, and some jail time as a consequence of a DWI. The severity of each depends on the type of DWI and any prior arrests. 

Jail time is not mandatory for a first-time DWI as a minor in Texas. However, the circumstances of your case can aggravate and enhance it, leading to more severe consequences. 

Aggravating factors include the following. 

  • High BAC
  • Intoxication assault 
  • Intoxication manslaughter

Each of these increases the severity of your situation quite significantly. Moreover, the wrong charge can put you in prison for up to 20 years. 

Work with a DWI Specialist: Herman Martinez

Can a minor get a DWI in Texas? Absolutely. However, that is not the end of the road. 

When you have an experienced attorney on your side, you have an advocate to fight for the best possible outcome of your child’s case. 

If a minor in your family faces a minor DWI charge, schedule a consultation with The Martinez Law Firm. We work to pursue the best possible outcome of every case we handle. Let your team help you understand your case and fight for your future.