Blood Vs. Breath Testing The Law Office of R.C. Pate was built on a solid foundation of knowledge, developing solutions that take into account our clients' unique situations, and a willingness to fight aggressively and think creatively to defend our clients' rights as quickly and efficiently as possible.

Blood vs. Breath Testing

San Antonio Lawyer for DWI

It is important to understand the matter of chemical testing in DWI, including your rights, obligations, and options.

Like other states, Texas operates on an “implied consent” rule regarding DWI. if you are arrested for driving while intoxicated (DWI), the arresting officer will ask you to take a breath or blood test to determine your blood alcohol content (BAC). If you refuse to take a test, your driver's license will be automatically suspended for 180 days.

Because the matter of chemical testing is so integral to DWI charges and defense, it is vital that you work with an attorney who fully understands the technology and science behind it. At The Law Office of RC Pate, our attorney is backed by qualifications in this matter that few others have attained. RC Pate has earned the designation of “Lawyer-Scientist” by the American Chemical Society after meeting all requirements. He is the only one of his kind in San Antonio. Less than 100 lawyers have earned this advanced designation in the U.S. As a lawyer-scientist, Mr. Pate has a detailed and comprehensive understanding of the blood science involved that can determine whether you are charged or convicted of DWI in Texas.

Contact The Law Office of RC Pate to arrange for a free initial consultation with our San Antonio attorney for DWI by calling (210) 757-4373.

DWI/DUI

Chemical Testing in DWI

Two types of DWI tests can be conducted in Texas:

Blood Test
Breath Test

Breath Tests

Breath tests are the most common. If pulled over on suspicion of DWI, the office will ask you to take a breath test using an intoxilyzer machine which you blow into. If you refuse, the officer may ask you to take a blood test.

The officer must have probable cause to believe that you are intoxicated before he can require you to take any test. If the officer does not have probable cause, then the test may not be admissible in court.

Testing done on intoxilyzer machines must be conducted according to specific procedures. The machines themselves are subject to continual inspection and maintenance, such as for calibration. Furthermore, certain mechanical elements must be present when the test is administered for testing to be considered valid. These machines can produce inaccurate results that may be due to user error, malfunctioning equipment, a driver’s medical condition, or other factors. Your attorney will explore all avenues to uncover any factors that may invalidate testing results.

Blood Tests

Blood tests are generally more accurate than breath tests. They can also detect drugs, such as narcotics, marijuana, and prescription medicines. A positive result on a blood test usually carries more weight in court than the results from a breath test; it is more precise and less likely to be affected by environmental factors like outside temperature or humidity. Additionally, the results from the blood test can be used to dispute an officer's account of events if discrepancies exist between your version of events and the officer’s.

According to Texas law, only certain people are qualified to do blood testing, such as:

Doctors
Technicians
Registered professional nurses
Chemists
Licensed vocational nurses

Furthermore, police officers must get a warrant to have your blood tested by any qualified person.

In some cases, blood testing is mandatory. These include when drivers are unconscious, are suspected of drugged driving, are suspected of having caused an injury or fatality accident, were driving with a child, or have two prior DWI convictions.

Blood testing, like breath testing, can be challenged in court. RC Pate thoroughly understands how both testing processes work, how to locate and identify problems with them, and how human error, scientific errors, and technical errors can skew results.

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