Blood & Breath Tests

Officers can arrest you for driving while intoxicated if your blood alcohol concentration (BAC) measured above the legal limit. In Texas, that limit is 0.08% and is tested when you provide a blood or breath sample. If you were arrested, you have many options for your defense.

Shane Phelps Law can help you.

How Do Blood and Breath Tests Work?

A police officer looks for any sign of intoxication. State law is vigilant for the possibility of finding a drunk driver. The officer can ask you to perform field sobriety tests, testing your balance, coordination, and memory. If you fail these tests, the officer can then request you submit to a blood or breath test. If you refuse to take these tests, your license can be suspended.

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

Field sobriety tests are not the most reliable, as even someone who is not intoxicated can fail. These factors 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 & College DWI attorney as soon as possible to begin working on your case.

If you have been arrested, contact us now! We are available 24/7 to assist you. If you have been arrested for DWI and either submit a breath specimen over .08 or refuse a blood or breath test altogether, you only have 15 days to request a hearing regarding whether your license will be suspended.

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