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.