Blood/Breath Tests

The Cochran Firm

After a person has been stopped for driving while intoxicated (DWI) by Texas law enforcement, he/she will be asked to take a breath test if law enforcement has reasonable doubt that the person is under the influence of alcohol.  In Texas, people have the right to refuse to take the breath test.  However, it is important that people know that once they refuse to take the breath test, their driver’s licenses will automatically be suspended.  Additionally, should people be found “guilty” for DWI, they will be subjected to enhanced sentencing for refusing to take the breath test.

If people consent to the breath test and they have a blood alcohol concentration (BAC) of 0.08% or higher, they will be placed under arrest for DWI and escorted to their local police stations.  Once they are at the police station, they may be asked to take another breath test or a blood test.  Both types of tests are supposed to reveal how much alcohol is in a person’s blood stream.  The higher the percentage, the more intoxicated the individual is believed to be.

Breath/Blood Test Inaccuracies

Many people are under the assumption that breath and blood tests are 100% accurate.  However, there are many instances where these tests have been inaccurate and for different reasons, too.  In the past, breath and blood alcohol tests have been incorrect due to: 

• inappropriate test administration
• test administration by uncertified individuals
• faulty equipment
• outside source interference
• suspected offenders’ using mouthwash prior to testing
• testing hours after an arrest

Due to the fact that breath and blood tests are often inaccurate or inappropriately administered, people should always review their tests results with their defense attorneys.  Many times, a person’s DWI attorney can find fault in the person’s test results, which may make a substantial difference in the outcome of the person’s case and charges.

Dallas DWI Defense Lawyers

The Cochran Firm has immense experience helping those who have been charged with DWI in Texas.  If you have been charged with driving while intoxicated, contact our Dallas DWI defense lawyers today!