Posts tagged Blood Test

DWI Breath Test Refusal Houston Texas

Aug 29th

Posted by author in DWI attorney Houston

Reader’s Question:

I was told several times not to take the breath test if I’m stopped for DWI here in Houston, Texas. Why would I have to do that if I fairly know that my license would be suspended?

Roy
Houston, TX

Yes, it is true that if you refuse to take the breath test when asked to do so in a DWI investigation by a police officer in Houston, Texas, it would almost certainly result in the suspension of your driver’s license. The driver’s license suspension for breath or any blood alcohol test refusal would be for at least 180 days. However, there are a lot of issues about the breath tests and breath testing machines as many have already raised their concerns about the potential inaccuracy of the breath tests.

It would also be difficult for a DWI lawyer to defend the DWI case which involves breath tests. This is one of the primary reasons why even some DWI lawyers think that it would be impossible for them to recommend any driver to voluntarily submit to breath testing in a DWI investigation. They would rather prefer their potential clients to refuse a breath test, even if it means that they might lose their driver’s license for quite a while, especially if their client has had anything more than a single drink of an alcoholic beverage.

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What Are The Common Houston DUI Field Sobriety Tests

Aug 1st

Posted by author in Blood alcohol level tests

Reader’s Question:

I have to be cautious now because I often drink and drive on a Friday night but I don’t wanna be charged with DUI. In a DUI case, what are the different field sobriety tests? If I will be caught drunk driving here in Houston, Texas, must I submit to these field sobriety tests and breath test?

Shana

Houston, TX

If a police officer pulls you over on suspicion for DUI in Houston, Texas, you can refuse to take the field sobriety tests if asked to because these tests are voluntary in the state of Texas. The standardized field sobriety testing model is created by the National Highway Transportation Safety Administration (NHTSA) which consists of the One-Leg-Stand Test, the Horizontal Gaze Nystagmus (HGN) Test, and Walk and Turn (WAT) Test. These field sobriety tests could be critical pieces of evidence in DUI cases if breath or blood tests have been found unreliable and suppressed, or if there was a refusal to take a breath test or blood test. But in other DUI cases, these tests could not have much bearing.

On the other hand, you must not refuse to take the breath test because that will lead to automatic suspension of your driver’s license and it could also be used as presumptive evidence against you and could carry additional civil or criminal sanctions.

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Blood Alcohol Test DUI Houston TX

Jun 29th

Posted by author in Blood alcohol level tests

Reader’s Question:

Does a person in Houston Texas have the option not to take a Breath or Blood Test?

Alison

Houston, TX

 

Alison the answer is yes. Even if Texas has an indirect consent law, a person arrested for DWI may turn down the test being asked for. This refusal may result to the following penalties: a 180-day suspension of your right to drive for a first DWI arrest, a 2-year suspension of your right to drive a vehicle for a following arrest within 10 years if you decline to submit to a test in your first arrest, and the prosecutor can disclose your refusal into evidence in your DWI trial. The prosecutor will then dispute that you refused the test because you knew you were too drunk and that you would fail the test.

If you give in to a test and fail, your right to drive can be suspended and the following consequences may happen: a 90-day deferral of your right to drive if your driving record shows no previous alcohol connected detention, a 1-year postponement of your right to drive if you have a previous arrest or suspension with the preceding 10 years, and the prosecutor can divulge the results of the test as proof at your DWI trial.
If you do not want to get a breath test, it is much better to tell the police officer that you want to speak to your attorney before making any decision, is different from refusing. Again, they probably will not give you the chance to talk to a lawyer, but there will be no test will that will still be given

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Blood Alcohol Level Test Houston Texas

Jun 23rd

Posted by author in Blood alcohol level tests

Reader’s Question:

My cousin was charged for DUI here in Houston. It is so hard to believe the accuracy of the tests being done by the police after being pulled over because of a traffic accident. How accurate and reliable are the means of the police to determine alcohol concentration?

Anne

Houston , TX

In the State of Texas , the law provides that testing of alcohol concentrations can be performed by analysis of a suspect’s breath, urine or blood. All of these methods of testing, however, leave much to be desired.

Blood testing is thought by the majority of forensic scientists to be the most reliable and accurate means of alcohol concentration determination. From a police perspective, though, it is also thought to be the least convenient and least desirable method of testing. Like the testing of urine specimens, it provides an opportunity for the suspect to recheck the blood test. The validity of the police test can be attacked by re-testing the exact specimen taken by police if found to be erroneous.

On the other hand, breath testing from a police perspective is the most convenient means of alcohol concentration determination. But there continues to be a heated debate among scientists. Breath samples are not preserved for subsequent checks of the initial test’s validity under current procedures for breath testing in Houston,Texas . Having a good DUI lawyer would definitely help your brother challenge the result of the breath test.

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