Breath & Blood Alcohol Testing

A Skilled & Affordable DWI Lawyer Who Can Help

A lot has been made recently about a “No Refusal” policy in San Antonio and other counties in Texas. Let's talk about what they mean.

By the time a person is asked whether to take a breath test or blood test, they are already under arrest. The first words of the warning that are required to be read at that point are “YOU ARE UNDER ARREST FOR [DWI].”

While there can be driver’s license complications for refusing a test, you always have the right to refuse to provide either a breath or a blood sample. The state then has the option to go get a warrant, which I can attack later in court.

Breath Tests

Breath tests are done on an Intoxilyzer 5000 machine. The machine is maintained by a technical supervisor licensed by the Office of the State Scientific Director. One of the experts I hire on a case-by-case basis is a former technical supervisor who left after exposing several scientific weaknesses of the breath testing program. It is important when choosing a lawyer to make sure they understand the science of these machines.

Blood Tests

Blood tests are required to be done by a nurse and sent off to a lab to be analyzed later.

They also have a sample saved so that a lawyer who understands DWI cases can choose to send it to a lab to be re-tested. There are a number of things that can change the integrity of a blood test result, so it’s important to pick a lawyer who understands the science of blood testing.

I Am Your Scientific Lawyer

If you have a case involving breath or blood testing, you need a lawyer who understands the limitations of blood tests and the science of a breathalyzer machine. You also need a lawyer who knows how to attack all the different elements of the evidentiary process. Contact my office if you have ANY questions concerning these tests.