The legal standard for intoxication in Texas is a .08 blood alcohol level (BAC), which can be measured by breath or blood. To find it in blood, it is measured against 100 milliliters of your blood. A blood test is the last thing you want to happen. It’s invasive and unpleasant, plus it’s harder to fight in court. Both blood and breath tests have their fair share of flaws, but contesting a blood test requires a little more footwork.
If you have failed a blood test after a DWI arrest in the Houston area, Thiessen Law Firm is here to help. These cases are difficult to win, but they are not impossible. Attorney Mark Thiessen has won countless blood test trials, from 0.06 up to a 0.29 blood alcohol level. He has also won cases involving blood tests with serious accidents and fatalities involved.
Find out how our Houston DWI lawyers can fight your blood test results. Call (713) 864-9000 to arrange a free case evaluation.
Do I Have to Give the Police a Blood Sample?
It is your constitutional right to refuse a blood test. HOWEVER, if you can you should avoid getting to this point because Texas can suspend your license and use your refusal as evidence in future prosecutions against you. And, in many jurisdictions, they will get a warrant for your blood 24/7.
Blood Alcohol Testing Procedures
Before having to refuse or consent to a blood test, you will normally have the option to take a breath test and/or a standard field sobriety test first. If you refuse to take all of these, they will take you to the police station and read you your rights regarding the blood-alcohol tests. Then here’s what you do:
- Ask them what happens if you refuse the breath test again.
- Most officers will answer that if you refuse the breath, they will take your blood instead.
- After they’ve said this, take the breath test over the blood test!
In most scenarios, officers cannot take your blood until you refuse a breath test. If you fail either test, you may lose your driving privileges: 90 days for a first offense and one year with suspicion or conviction of alcohol-related charges within the preceding 10 years.
Why take a breath test over a blood test?
- If you refuse the breath test, they can use that refusal as evidence of your guilt.
- When they take your blood, they will always take two vials; the State will argue the second is for the Defense to test if they don’t trust the result.
- They can test your blood for drugs and medication, which they can’t do with a breath test.
- Many jurisdictions won’t allow you into dismissal programs if you refuse a breath test.
- Juries tend to trust blood results more than breath results.