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Fort Worth DWI Chemical Test Defense Lawyer
What Are Considered Chemical Tests for DWIs in Texas?
There are several DWI tests that the police may conduct, but the three main chemical tests are blood, breath, and urine tests:
- Blood Tests - Blood tests tend to be the most accurate of the three. They also tend to be the most inconvenient and expensive of the three because they sometimes have to be administered at a hospital instead of at the police station. An officer will probably only request this if he or she feels the breathalyzer is inaccurate.
- Breath Tests - Breath tests tend to be the most commonly used tests. The breath test administered at the police station is different than the Preliminary Alcohol Screening used on the roadside, where a variety of factors, like car exhaust, can influence the results. The breath tests administered at the police station are more accurate, but again, they are not perfect. For example, some defendants think that using mints or mouthwash will “fool” a breathalyzer test, but this will not work; if anything, mouthwash contains alcohol and may raise your BAC slightly. However, the accuracies of breath tests can be challenged in court by a skilled DWI defense attorney. Breath tests need to be recalibrated to ensure accuracy, and various factors like body temperature can affect readings. Fort Worth DWI lawyer, Bryan Wilson can request the device’s data to prove errors in misapplied breath tests.
- Urine Tests - The least common of the chemical tests, urine tests take a longer time to process because they must be sent to an off-site lab. Most jurisdictions choose not to use them, since they are more inconvenient and about the same accuracy as the other tests.
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If an officer wants to conduct a breathalyzer test on the side of the road, it is not mandatory that you take the test. This is a preliminary alcohol screening. It is different than the chemical breath test administered in the controlled environment of the police station.
Refusing to take a PAS breathalyzer can help your Fort Worth DWI attorney later challenge these tests in court.
In order to prove that you were driving while intoxicated, the police must administer a chemical test. Under Texas implied consent law (§ 724.035), if you refuse a breathalyzer test, the Administrative License Revocation (ALR) Program may suspend your license for a period of 180 days, even if it is your first offense.
The prosecution must prove that you were:
- Operating a motor vehicle
- On a public road or thoroughfare
- Unable to use normal physical or mental capacities due to a controlled substance
- Had a blood alcohol concentration (BAC) level of 0.08% or above if you are over 21; a BAC of 0.04% if you are a commercial vehicle driver; or any detectable BAC if you are under 21
If you were arrested and charged with a DWI in Texas, remember that you are innocent unless proven guilty by the prosecution. Contrary to popular belief, these tests are not always reliable. Even blood tests are not infallible, especially if performed incorrectly.
The results could be inaccurate if the test picks up some of the chemicals from the alcohol swab or if the defendant has diabetes or cough medicine in their system.
Attorney Bryan Wilson is experienced in picking up on these inaccuracies and can fight aggressively on your behalf to combat the prosecution’s charges.
Put the Texas Law Hawk on your side; call (817) 440-3953 or fill out an online contact form today.