Typically, in a Texas DWI police stop, BAC testing is by breath testing. Many people still believe that BAC testing is without fail, but our Austin DWI attorneys want you to know the truth. You need to know all of your rights and the information necessary to protect yourself if you are being investigated for a DWI in Texas.
The police officer that requests a breath sample from you is attempting to gauge your BAC by having you blow into a breath testing machine. There are handheld version that are used at the site of the stop as well as desktop version. The handheld versions are knows as Preliminary breath tests (PBTs) and are much less reliable than the mandatory breath test device, or desktop version that you may be subjected to after being arrested.
You are never required to offer a breath sample to the PBT test at the side of the road. This will probably just give the police officer more probably cause to arrest you, even if you are not under the influence of alcohol. Call our Austin DWI attorneys prior to offering a breath sample to any police officers.
Contrary to the PBT, the police are not required to allow you to contact a lawyer before you decide to refuse or take the mandatory breath test. You are required to take this test or face harsher Texas DWI penalties. Despite that, you should not necessarily agree to take the mandatory breath test.
Once you refuse such a test, the police may request a warrant to forcibly draw your blood. If this warrant is granted, you do not have the legal right to refuse. If you decide to refuse, you will be held down and the blood will be taken from you forcibly. You will also likely face additional charges for refusal. These laws are part of the No Refusal Weekend program that many states and local governments have been pushing in DWI and DUI cases.
The Dude and our staff of Austin DWI attorneys can defend you against false breath test results. If you have been arrested for a DWI in Texas, call Austin DWI attorney Jamie Balagia today for a free, confidential review of your case. There isn’t much time for you to protect against a license suspension in Texas. Breath Testing is not as reliable as you might think, but only a well trained Austin DWI attorney can defend you against a high BAC test result. Call now!