Law enforcement officers can arrest you for driving while intoxicated (DWI) if your blood alcohol concentration (BAC) measures above the legal limit. In Texas, that limit is 0.08%. Law enforcement typically tests BAC levels by administering either a blood or breath test during a traffic stop if they suspect a driver is intoxicated. Someone facing DWI charges in Texas should talk to a Bryan DWI blood and breath tests lawyer as soon as possible.
A lawyer who focuses on DWI defense can help navigate the legal process, challenge the validity of tests and procedures, and work towards achieving the best possible outcome for the accused. Time is of the essence in building a strong defense, making it imperative to contact a lawyer promptly after an arrest.
- Why Choose the Law Office of Shane Phelps?
- Our Law Office in Bryan, Texas
- Texas DWI Laws
- What Happens During a Traffic Stop for Suspected DWI?
- How Do Blood and Breath Tests Work to Measure Chemical Impairment?
- Refusal to Take Field Sobriety, Blood, and Breath Tests
- Should You Refuse DWI Traffic Stop Tests?
- Consult a Bryan Blood and Breath Tests Lawyer
- Contact Bryan, Texas, Lawyers at the Law Offices of Shane Phelps
Why Choose the Law Office of Shane Phelps?
When facing a DWI arrest, choosing Shane Phelps Law provides you with the assurance of experienced legal representation backed by years of experience and a deep understanding of DWI law in Texas. As seasoned DWI blood and breath test lawyers, our team possesses extensive knowledge of the intricacies involved in DWI cases, particularly regarding the administration and interpretation of blood and breath tests.
We are adept at scrutinizing the procedures surrounding these tests and identifying any potential errors or inaccuracies that could impact the outcome of your case. Shane Phelps Law stands as a trusted ally in the fight against DWI charges, offering steadfast advocacy and unwavering support every step of the way. Call us today at 979-773-7028 to schedule a free consultation.
Our Law Office in Bryan, Texas
The Law Office of Shane Phelps, P.C., is located at 400 N. Washington Avenue, Bryan, TX 77803. We are in the heart of Bryan, at the corner of E. 23rd Street. Contact us for a free consultation.
Texas DWI Laws
In Texas, DWI (or DUI) refers to driving with a blood alcohol concentration (BAC) of 0.08% or higher. It also applies to driving while under the influence of drugs. It is illegal for people younger than age 21 to drive with any detectable amount of alcohol in their system. Texas DWI laws are spelled out in the Penal Code, Title 10, Offenses Against Public Health, Safety, and Morals, chapter 49, Intoxication and Alcoholic Beverage offenses.
What Happens During a Traffic Stop for Suspected DWI?
During a traffic stop for suspected DWI in Texas, law enforcement officers follow a specific protocol to assess a driver's level of intoxication. This may include a request for the driver to submit to DWI blood and breath tests. Here's an overview of what typically happens during such a stop:
- Initial Observation: The officer observes the driver's behavior and driving patterns for signs of impairment, such as swerving, speeding, or erratic braking.
- Traffic Stop: If they suspect the driver is intoxicated, they will pull the vehicle over and approach the driver to gather more information.
- Field Sobriety Tests: If the officer observes signs of impairment, such as slurred speech, they may request the driver to perform field sobriety tests. These are intended to assess the driver's coordination, balance, and cognitive function. These tests often include tasks like walking in a straight line, standing on one leg, or following an object with their eyes. However, these tests are subjective and may not always accurately indicate intoxication.
- Breath Test: If the officer has probable cause to believe the driver is intoxicated based on their observations or performance on field sobriety tests, they may request a breath test using a breathalyzer device. This test measures the driver's BAC by analyzing their breath.
- Blood Test: In certain situations, such as when a driver is unable to provide a breath sample or if the officer believes the driver is under the influence of drugs, a blood test may be requested. This involves drawing a blood sample from the driver to measure their BAC or detect the presence of drugs.
How Do Blood and Breath Tests Work to Measure Chemical Impairment?
A breathalyzer test works by measuring the concentration of alcohol in a person's breath to estimate their BAC. When someone consumes alcohol, it is absorbed into the bloodstream, and a portion of it is expelled through the lungs when they exhale. The breathalyzer device analyzes the alcohol content in the breath sample to calculate an estimate of the individual's BAC.
Factors that could affect the accuracy of a breathalyzer test include:
- Calibration: Breathalyzer devices must be properly calibrated and maintained to ensure accurate results. Failure to calibrate the device regularly can lead to inaccurate readings
- External Contaminants: Substances such as mouthwash, breath fresheners, or even certain medications containing alcohol can potentially interfere with breathalyzer results, leading to false positives.
- Medical Conditions: Certain medical conditions, such as gastroesophageal reflux disease (GERD) or diabetes, can affect the composition of breath and potentially influence breathalyzer readings.
- Environmental Factors: Environmental factors such as temperature, humidity, and altitude can impact breathalyzer accuracy. Extreme temperatures or high humidity levels, for example, may affect the functioning of the device.
A blood test, on the other hand, directly measures the concentration of alcohol or other substances in a person's bloodstream. During a blood test for gauging chemical impairment, a sample of the individual's blood is drawn and analyzed in a laboratory to determine their BAC or detect the presence of other substances.
Factors that could affect the accuracy of a blood test for chemical impairment include:
- Proper Handling and Storage: Blood samples must be collected, handled, and stored correctly to prevent contamination or degradation of the sample, which could lead to inaccurate results.
- Lab Procedures: Laboratory analysis of blood samples must adhere to strict protocols and quality control measures to ensure accurate and reliable results. Errors in lab procedures or equipment malfunction can affect the accuracy of test results.
- Metabolism and Elimination: BAC levels can fluctuate over time as the body metabolizes and eliminates alcohol. The timing of the blood test relative to the individual's last consumption of alcohol can impact the results.
- Interfering Substances: Certain medications, medical conditions, or substances present in the bloodstream other than alcohol can potentially interfere with the accuracy of blood test results.
Refusal to Take Field Sobriety, Blood, and Breath Tests
Texas has implied consent laws, which means that by obtaining a driver's license, individuals implicitly agree to submit to chemical testing if suspected of DWI. However, drivers do have the right to refuse field sobriety tests, breath tests, or blood tests.
In Texas, refusing field sobriety, breath, or blood tests during a suspected DWI traffic stop does not automatically result in arrest. However, refusal to take these tests can lead to administrative penalties.
A driver's license may be automatically suspended for a specified period, typically longer than if they had submitted to the test and failed. Additionally, refusal to comply with testing can be used against the driver in court proceedings and may result in other legal consequences.
Whether or not a driver is arrested for DWI depends on various factors, including the officer's observations, the driver's behavior and demeanor, and other evidence of intoxication or impairment. Refusing to take tests may influence the officer's decision, but it does not guarantee arrest. If the officer has sufficient probable cause to believe the driver is intoxicated based on other factors, they may proceed with an arrest regardless of test refusal.
Whether or not you decide to submit to field sobriety tests, blood tests, or breathalyzer tests, contact a lawyer if you are arrested for DWI. A knowledgeable Bryan DWI blood and breath tests attorney who is familiar with Texas laws can advocate for your rights and advise you about your options in such situations.
Should You Refuse DWI Traffic Stop Tests?
In some circumstances during a suspected DWI traffic stop, a lawyer may recommend refusing to take certain tests, particularly field sobriety tests, depending on the individual's specific situation. Here are a few scenarios where refusal might be advised:
- Physical Impairments: If the driver has physical disabilities or medical conditions that could affect their performance on field sobriety tests, it may be advisable to refuse these tests. For example, individuals with balance issues or mobility impairments may not perform well on tasks like walking in a straight line or standing on one leg, regardless of their level of intoxication.
- Language Barriers: If the driver does not speak the language in which the officer is giving instructions for the field sobriety tests, misunderstanding or misinterpretation could lead to inaccurate results. In such cases, refusing the tests might be recommended to avoid potential miscommunication.
- Pre-existing Conditions: Certain medical conditions or injuries could affect a person's ability to perform field sobriety tests accurately. Conditions such as vertigo, inner ear disorders, or recent injuries may impact balance and coordination, leading to false indications of impairment.
- Concerns About Accuracy: Field sobriety tests are subjective and rely on the officer's interpretation of the driver's performance. If there are concerns about the officer's objectivity or if the driver believes they can't perform the tests accurately due to environmental factors (e.g., uneven terrain, poor lighting), refusing the tests may be advisable.
While refusing field sobriety tests may be recommended in certain situations, refusing chemical tests (breath or blood tests) typically carries more severe consequences under implied consent laws, such as automatic license suspension.
Consult a Bryan Blood and Breath Tests Lawyer
Overall, while breathalyzer and blood tests are commonly used methods for gauging chemical impairment in DWI cases, various factors can influence the accuracy of these tests. There are many pitfalls in administering blood and breath tests, and this is where having experienced defense is critical.
Blood and breath tests present the following challenges to prosecutors:
- The equipment used to conduct a blood or breath test may be defective.
- The person conducting the tests may lack training or qualifications.
- The breathalyzer or other devices are not well-maintained.
- The arresting offer did not have a reasonable cause to stop you.
As we noted above, field sobriety tests are not the most reliable, as even someone who is not intoxicated can fail. Factors influencing these tests may include anxiety, fear, nervousness, and even the weather or road conditions.
As you can see, there are many ways to go about forming a defense. There is no time to waste if you have been arrested, so be sure to reach out to our Bryan DWI attorney as soon as possible to begin working on your case.
Consulting with a qualified DWI attorney can help individuals understand their rights regarding testing procedures and potential defenses against inaccurate or unreliable test results.
Contact Bryan, Texas, Lawyers at the Law Offices of Shane Phelps
If you're facing a DWI arrest in Bryan, Texas, there's no better choice than reaching out to the Law Offices of Shane Phelps for skilled legal representation. Our local lawyers are intimately familiar with Texas DWI law and local procedures. We have extensive experience in defending individuals against DWI charges, especially leveraging our knowledge of blood and breath tests commonly used in DWI traffic stops.
With a track record of success and a commitment to protecting your rights, we use strategic defense to challenge the validity of these tests and refute any inaccuracies or procedural errors. Don't face DWI charges alone. Contact the Law Offices of Shane Phelps today to schedule a consultation and take the first step toward securing the strong legal defense you deserve.
Call us today at 979-773-7028 or contact us online to schedule a free consultation with our Bryan DWI defense attorney. We are available 24/7 to assist you.
