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
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
Law Office of Doug Goyen
15851 North Dallas Parkway #600
Dallas, Texas 75001
Local: CALL NOW
Phone: (972) 599 4100
Fax: (972) 398 2629
DWI Lawyer in the Dallas Forth Worth, North Texas area
15851 North Dallas Parkway #600
Dallas, Texas 75001
Local: CALL NOW
Phone: (972) 599 4100
Fax: (972) 398 2629
DWI Lawyer in the Dallas Forth Worth, North Texas area
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