Texas DUI Lawyers Explain Blood and Breath Alcohol Tests

Texas DUI Lawyers Explain Blood and Breath Alcohol Tests

Getting arrested for DUI in Texas can be a scary experience. The legal process is complicated, and the consequences are serious. As a Texas DUI lawyer, I want to help explain some key things about blood and breath tests for alcohol that are used in DUI cases here.

What is the legal limit for alcohol in Texas?

In Texas, a driver is legally intoxicated if they have a blood alcohol concentration (BAC) of 0.08% or higher. This is the same cutoff used in most other states. So if a breath or blood test shows your BAC was over 0.08, you can be charged with DUI. The legal limit is lower for commercial drivers (0.04%) and minors (any detectable amount).

Can police force me to take a breath or blood test?

When you get a driver’s license in Texas, you automatically consent to taking a breath or blood alcohol test if you are pulled over under suspicion of DUI. This is known as “implied consent.” However, the Supreme Court has ruled that police need a warrant to force a blood draw from an unwilling driver. For breath tests, police can get a warrant if you refuse. So while you may face additional penalties for refusing, police cannot physically force a blood test without a warrant.

What happens if I refuse a breath or blood test?

Refusing a breath or blood alcohol test can lead to license suspension – you will lose your driving privileges for 6 months up to 2 years depending on prior offenses. For first-time offenders, refusing a test also leads to a 180 day delay before you can get an occupational license. However, refusing may still be beneficial in some cases, so discuss your options with a DUI attorney.

How accurate are roadside breathalyzers?

Portable roadside breathalyzers, like those police carry in their vehicles, have been shown to be unreliable. Factors like improper use, lack of calibration, and medical conditions can lead to false high readings. So don’t panic if you fail a roadside breath test – the results may not hold up in court. Get a second test at the station if possible.

What happens during a breath test at the police station?

At the station, police typically use more advanced breath testing machines like the Intoxilyzer 9000. You will be observed for 15-20 minutes prior to prevent mouth alcohol issues. Then you’ll blow into the machine for about 5 seconds. The machine estimates your BAC based on the alcohol content in your breath. Generally two samples are taken, and the lower value is used.

How are blood tests performed in DUI cases?

If a blood test is done, a nurse or technician will draw a sample of your blood, usually from your arm. The sample is then sealed and sent to a lab for analysis. At the lab, a process called gas chromatography is used to separate and measure the alcohol. Blood tests are considered more accurate than breath tests, but mistakes can still happen during collection and analysis.

Can I get an independent blood test?

Yes, Texas law says you can get a second blood test done by a qualified person of your choosing after submitting to the police test. This can provide critical evidence if the police test results are called into question. But you only have a reasonable amount of time to get the independent test.

What can cause false results in blood alcohol tests?

With blood tests, contamination and preservative issues are common reasons for inaccurate results:

• Alcohol swabs – Swabbing with alcohol before a blood draw can cause contamination.
• Improper storage – Blood samples need proper storage and preservatives to remain viable.
• Fermentation – Natural fermentation may increase alcohol content over time.

Breath test issues include:

• Mouth alcohol – From burping, vomiting, or mouthwash.
• Improper blowing technique – Not blowing long enough or hard enough.
• Medical conditions – Like diabetes and acid reflux.
• Machine calibration – Machines need regular maintenance and calibration.

Should I refuse field sobriety tests during a DUI stop?

While you are required to submit to a chemical BAC test under the implied consent law, field sobriety tests like walking in a straight line are voluntary. There are many innocent reasons for poor performance, like nerves, injuries, or medical conditions. So politely decline field sobriety tests during a DUI traffic stop if asked to perform them.

What should I do if arrested for DUI in Texas?

If placed under arrest for DUI, remain calm and cooperative. Never attempt to flee or resist arrest physically. Politely invoke your right to an attorney and do not answer questions without one present. Cooperate with breath or blood testing procedures if warranted. Immediately contact a Texas DUI defense lawyer for help with your case.

How can a Texas DUI lawyer help me?

An experienced DUI lawyer can review your traffic stop and arrest for violations of your rights. We assist with DMV hearings and work to get driving privileges reinstated. We can also scrutinize the breath or blood test results for accuracy issues and get unreliable evidence suppressed. Contact a Texas DUI attorney immediately after an arrest for the best chance at reducing or dismissing charges.

I hope this overview on blood and breath testing in Texas DUI cases has been helpful. DUI charges should always be taken seriously. Contact my office today to discuss your own case in more detail. With an aggressive defense, we can work toward the most favorable outcome possible.

Sincerely,
John Smith, Esq.
Smith & Jones Criminal Defense
512-555-1234
jsmith@smithjoneslaw.com

Sources: Texas DUI Laws & Penalties Texas DUI Laws, Fines & Penalties Texas Transportation Code 724