DWI Chemical Testing – Mandatory Blood Draws

Dallas DWI Lawyer providing INFORMATION ON CHEMICAL TESTS in DWI Cases

Consent for tests needed: A person must consent to the test (can’t be forced unless someone is seriously hurt from an accident, or killed/threat of death).

1) Breath Tests: Breath tests are most common in DWI’s. Certain criteria are required to make it admissible.

2) Blood Tests: Blood tests are the most accurate testing, but are not as common at breath. Again, certain steps are required to make it a valid test. Often, because this type test is less common, officers don’t follow the procedures required to obtain a valid result.

3) Urine Tests: Urine tests are the least accurate. If the person has not urinated for a couple hours, the urine that is tested may be from a time-period that the person’s level of intoxication was much different than from when the actual withdrawal of the specimen is taken. The officer is supposed to have the subject empty their bladder 15-20 minutes prior to obtaining a sample. If this is not done, the test should be successfully challenged.

RECENT CHANGES: September 1, 2009 –

The State of Texas recently enacted legislation that allows police the power of mandatory, warrantless blood draws in the following situations:

1) If someone (other than the arrested person) is injured and transported to a hospital, 2) If the DWI arrest occurs with a child under 15 in the car, 3) If the officer has information that is reliable that the person has two or more prior DWI’s, 4) If the officer has information that is reliable that there has been a previous DWI arrest with a child in the car under 15, intox assault, or intox manslaughter

If you are on this page, you or someone you know is likely needing help. Contact our Dallas DWI Lawyers / Garland DWI Attorneys for a free initial consultation by phone.