Do You Have To Take A Breath Or Blood Test?
When it comes to drunk driving, Texas is an “implied consent” state. What this means is that, if an officer lawfully pulls you over on suspicion of driving while intoxicated (DWI) or driving under the influence (DUI), they can compel you to take a breath test or blood test to determine your blood alcohol content (BAC). If you refuse to submit to such testing, your license will be automatically suspended, and it is likely that you will find yourself in jail. As such, many view implied consent as forced consent.
Yet, there is a great deal that can go wrong with roadside tests. Their results can be skewed. They can be administered improperly. At times, authorities may not have had proper grounds to pull you over in the first place. With this in mind, if you have been arrested on DWI charges, it’s important to work with a lawyer who can challenge the prosecution and assert your rights.
Our attorneys at Kyle Law Firm can help. Based in New Braunfels and serving clients throughout the region, our lawyers have more than 60 combined years of experience defending individuals against drunk driving charges and exposing the problems with roadside tests. They know how to reduce the penalties that our clients face, help them keep their driver’s licenses and seal their records so that any history of drunk driving is concealed.
The Problems With Roadside Testing
Blood and breath tests are prone to both human error and mechanical failure. There is a range of factors that can lead to inaccurate results. Certain medications with compounds that mimic alcohol presence can cause false positives as can certain medical conditions – diabetics, for example, are unusually prone to false positives. Likewise, studies have shown that breath tests with low battery strength are often the cause of unreliable results.
It’s also important to keep in mind that an officer must have “probable cause” to pull you over. That is, there must be a valid reason to suspect that you’ve been driving under the influence. However, in their aggressive efforts to make arrests, police will sometimes flag drivers without sufficient cause. Driving home after a New Year’s Eve party or college football game is not an adequate reason to be pulled over; you must be driving in a demonstrably suspicious way as well. At Kyle Law Firm, our team investigates every aspect of a DWI charge and leverages any oversights to our clients’ benefit.