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Texas DWI Chemical EvidenceIf you have been arrested for DWI in Texas, you may be asked to submit to a chemical test of your breath, blood, or urine. Which particular test that will be requested is in the discretion of the arresting officer.
The Texas DWI suspect MUST request the independent test within two hours of arrest.  BREATH TESTING: Breath testing is the most commonly used chemical test in Texas DWI cases, but it is also the most unreliable way to measure a person's BAC. Texas breath samples are tested only using a machine called the Intoxilizer 5000. The Intoxilizer 5000 is not the newest model available to the police, but it is the only model that Texas law allows the police to use. All breath tests must be conducted in accordance with departmental rules by a qualified individual that has been issued a certificate authorizing them to administer such tests. A portable breath test (PBT) is a small breath testing device that is used in some DWI cases on scene prior to arrest. The PBT results are only to aide the officer in his decision to make an arrest - PBT results are NOT admissible in court.
Urine is more commonly requested in DWI cases involving the suspicion of the influence of drugs.
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ADDITIONAL TESTING: Every DWI suspect has the right to an independent blood test in addition to whatever chemical test is conducted by the police.
URINE TESTING: Urine testing is permitted in Texas DWI cases, however it is rarely performed as it is not them most reliable way to detect BAC.
TEXAS DWI BLOOD TESTING: Only a physician, qualified technician, chemist, registered nurse, or licensed vocational nurse may take blood samples. "Qualified technician" does not include emergency medical personell. Texas law mandates that the blood sample be taken in a sanitary place. In Texas DWI cases, blood testing is not performed as often as breath testing, as it is not as convienient as breath testing. If you have been arrested for DWI in Texas and you submitted to a blood draw, your attorney may have your blood sample re-tested by an independent lab.Warning:
After a Texas DWI arrest, you only have
15 days
to request a hearing to challenge your license suspension. If you don't act fast, you will lose important rights.
Take steps to save your license and protect yourself by contacting the attorney in the county of your arrest for a free case evaluation.
