Driving While Intoxicated Testing;
Breath, Blood, and Urine Testing:
CHEMICAL TESTS in a DWI
The state must prove by blood, breath or
urine tests that a person is intoxicated at or
above the 0.08 level.
In most instances, the test must be
voluntary. The person must have consented
to the taking of the specimen that was tested.
Whether the test was voluntary or not, the
State must prove by Clear and Convincing
evidence.
Things that the court considers in
determining if a test was voluntary are:
1) a claim of authority,
2) a show of force or coercive surroundings,
3) a threat to seek or obtain a search
warrant,
4) an officer's deception of identity or
purpose,
5) prior unlawful police action,
6) whether Miranda warnings were given,
7) whether a defendant was aware of his
Fourth Amendment rights,
8) a defendant' confession or other
cooperation,
9) defendant's denial of guilt,
10) a defendant's maturity, sophistication,
and mental or emotional state.
A police officer may take a Mandatory
Specimen if a motorist is arrested for DWI or
intoxication manslaughter after an accident
in which a person has died or probably will
die.
Breath, Blood, and Urine Testing:
CHEMICAL TESTS in a DWI
The state must prove by blood, breath or
urine tests that a person is intoxicated at or
above the 0.08 level.
In most instances, the test must be
voluntary. The person must have consented
to the taking of the specimen that was tested.
Whether the test was voluntary or not, the
State must prove by Clear and Convincing
evidence.
Things that the court considers in
determining if a test was voluntary are:
1) a claim of authority,
2) a show of force or coercive surroundings,
3) a threat to seek or obtain a search
warrant,
4) an officer's deception of identity or
purpose,
5) prior unlawful police action,
6) whether Miranda warnings were given,
7) whether a defendant was aware of his
Fourth Amendment rights,
8) a defendant' confession or other
cooperation,
9) defendant's denial of guilt,
10) a defendant's maturity, sophistication,
and mental or emotional state.
A police officer may take a Mandatory
Specimen if a motorist is arrested for DWI or
intoxication manslaughter after an accident
in which a person has died or probably will
die.
Law Office of Doug Goyen
15851 North Dallas Parkway #600
Dallas, Texas 75001
Local: (972) 599 4100
Fax: (972) 398 2629
Serving the Dallas Fort Worth. North Texas area
15851 North Dallas Parkway #600
Dallas, Texas 75001
Local: (972) 599 4100
Fax: (972) 398 2629
Serving the Dallas Fort Worth. North Texas area
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
CONTACT US BY PHONE OR EMAIL
