Breath & Blood Tests in Texas

You Need an Austin DWI Lawyer On Your Side!

When dealing with DWI violations, law enforcement in Texas and around the country relies heavily on the evidence gathered at the scene of the arrest. This evidence specifically pertains to the blood alcohol content of the alleged offender and is obtained primarily by one of two methods: Breathalyzer tests and blood tests.

You deserve proven defense on your side. Call our Austin DWI attorney at (512) 595-7080.

Obtaining Blood Alcohol Content by Blood Tests

Recently, the Supreme Court of the United States ruled in Birchfield v. North Dakota that a police officer must obtain a search warrant before administering or ordering a blood test on someone arrested for DWI or similar violations. This means that a police officer cannot force you to submit to a blood test at the scene of the arrest without first obtaining a valid search warrant, which is nearly impossible to do quickly.

Because of the time it takes to obtain a search warrant, coupled with the fast-changing nature of blood alcohol content, blood tests have become less and less utilized by law enforcement as a means to obtain blood alcohol content for DWI offenses. In any case, know your rights concerning blood tests—the constitution of the United States protects you from unwarranted searches of your body and property.

Breath Tests in DWI Arrests

While limits were set in regards to blood tests, breath tests were not included in this ruling and therefore, can still be administered at the scene of an arrest for DWI. While you cannot be forced against your will to submit to a breath test in Texas, you should know that if you do refuse to submit to a breath test, your license will be automatically suspended regardless of whether or not you are actually intoxicated. This is according to “implied consent” laws of the state of Texas.

How long will your license be suspended if you refuse a breath test?

  • 1stDWI Offense: 180 days license suspension
  • 2nd DWI Offense: 2year license suspension
  • 3rd DWI Offense: 2 year license suspension

Furthermore, a refusal of a Breathalyzer test could be cited in an officer’s petition for a search warrant and often times viewed as a sign of guilt in the eyes of the judge issuing the warrant.

If you’ve been arrested and you have questions about your rights concerning blood and breath tests, contact our Austin DWI lawyer at (512) 595-7080 today.

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