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Blood Test Breakdown: DWI Cases

The laws and terms surrounding driving drunk or under the influence vary from state to state. In Texas, the “implied consent” law means that if a police officer lawfully (and with probable cause) arrests you for intoxicated driving, then you must consent to taking a chemical test to determine your blood alcohol level (BAC). According to the law, the arresting officer must administer the test as soon as possible and he or she may choose which version to administer: blood or breath tests. Also according to the law is the stipulation that you reserve the right to personally choose a medical professional to test your blood within two hours of your arrest.

Though the law is called the “implied consent” law, you can technically refuse to take the test, an option the arresting officer should tell you about upon arrest. Nevertheless, your refusal will earn an immediate 180-day suspension of your license (on your first offense—the length of suspension increases with each additional offense). The arresting officer should also tell you the consequences of taking the test—if the results indicate a BAC above the legal limit your license will be suspended for a minimum of 90 days.

So what exactly happens during a blood test? A medical technician will draw your blood at a medical or healthcare facility. Some factors that can affect the results include whether or not the technician used an alcohol swab to clean the area before drawing blood. Since wipes contain rubbing alcohol, this may negatively impact your results. Moreover, supplements and medications (containing trace amounts of alcohol) you may have ingested could affect your results.

No matter the circumstances of the arrest or the subsequent tests, you should always be sure to have a trustworthy legal team on your side. Having the help of someone you trust can make the process smoother and less stressful, and it can help you get reach the resolution you deserve.
If you require legal assistance for any DWI and blood test-related cases, contact Batrice Law Firm to secure legal aide you can depend upon and trust.



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