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The law in Texas considers a DUI to be a grave offense. Breath, urine, or blood test results are often required to confirm that blood alcohol concentration is not beyond the legal limit.
Offenders detained on suspicion of driving under the influence can challenge the results of alcohol and other blood tests in their DUI defense. This is why they should contact an attorney immediately after a DUI arrest.
DUI Breath Test
Law enforcement officers in Texas determine the blood alcohol concentration of suspected drunk drivers with a chemical test. Breath tests are one of the common types. They use a breathalyzer for alcohol testing simply from suspects blowing into them.
DUI Blood Test Results
A DUI blood test is another way to find out the blood alcohol content of a suspected offender.
Gas chromatography directly examines blood alcohol concentration in a blood sample. Blood tests are the most precise of the three types of chemical testing. It is often done later in an inquiry, unlike the breath test.
Before an officer can carry out such a test, they must first establish the willingness of the suspect to submit a blood sample. If they decline, the police must get a warrant before continuing with the blood test.
DUI blood test results can be tainted in several ways by human error during collection, handling, testing, or analysis. Contamination might happen, for instance, if an antiseptic wipe is used to clean the region before taking blood or if the equipment is not sterile.
Additionally, some medications could likely affect the outcome of the blood test.
Use of a Texas DUI Urine Testing
Urine testing is the least accurate of the three techniques for determining blood alcohol content. However, they are famous for quick drug testing.
A urine test is unreliable. The percentage of alcohol in a person's urine sample is significantly based on bladder function and doesn't correspond with blood alcohol levels.
According to research, the amount of alcohol in a urine sample is roughly higher than the amount of alcohol in the blood. In addition to this, mistakes in the lab might taint urine samples.
Issues with Urine Tests for DUI Cases in Texas
Urine testing is not the most reliable procedure for determining whether a person's alcohol level is above legal limits. A urine specimen is fragile, making contamination simple if someone doesn't know what they're doing. Additionally, it can pick up traces of previously taken drugs. Some of these can stay in the body for up to a month. This depends on factors like metabolism and if use is random or chronic.
What Can Happen If I Refuse to Give a Urine Sample in Texas?
Implied consent laws refer to the chemical testing legislation in Texas. According to them, anybody who travels on Texas's public roads implicitly consents to submit to testing by police enforcement. One must always note that implied consent rules do not apply to field sobriety tests.
A license suspension may result from an administrative punishment for refusing to take a DUI urine analysis test. Whether you have a history of refusals will affect how long the ban lasts. Your license could be suspended for some time up to:
If an offender refuses for the first time, they get a 180-day ban. Doing it again extends it to two years.
Not driving in Texas can be a hassle. However, refusing the test and accepting a punishment is preferable to facing criminal prosecution. An attorney will only be privy to objective evidence, such as the police officer's testimony if the defendant refuses to take the test. They won't possess any verifiable scientific proof to use against the suspect. In the absence of a BAC reading, the prosecutor can decide not to even move forward with a trial because they don't have enough concrete evidence to prove their case.
If an individual refuses a DUI test, an officer might try to intimidate them by threatening to take away their license and put them in jail. They won't reveal, however, that in addition to criminal DUI accusations, they may eventually lose the license or go to jail after failing a test. Many lawyers advise offenders to refuse instead of taking a chance.
Failing a urine test you give consent to means you could face a license suspension of up to 90 days for first offenders, and a year for subsequent ones.
The good news is that the offender might not have to cope with a suspended license for very long. They might even decide to challenge the suspension of their license (ALR) by requesting a revocation hearing.
You can provide documentation and attend the hearing with legal counsel to show that your license shouldn't be suspended, but you must move promptly. Only 15 days will be given to you after requesting an ALR hearing. The Texas Department of Public Safety will forbid you from requesting an ALR hearing after the deadline has passed.
Contact Sparks Law Firm to Schedule a Free Consultation
With an experienced criminal defense and dedicated DWI lawyer, those accused of DUI may be able to get their sentences lowered or dismissed. A DUI defense attorney can carry out the necessary inquiry into the circumstances surrounding an arrest and refute the claims made by the prosecution.
Offenders require competent legal counsel because Texas has some of the harshest DUI laws in the nation.
Sparks Law Offices offer customers a free consultation to examine the details of their cases. Our lawyers can give the necessary advice to help offenders avoid committing a repeat violation and uphold their probation agreement. They can help answer many DUI-related questions such as what is the statute of limitations on a DUI or what time DUI checkpoints start.
In addition to being conveniently located close to the Tarrant County court, Sparks Law Firm has assisted hundreds of clients in Tarrant County and the neighboring areas.
Our attorney-client relationship is considered one of the best in the state.
Call us at (817) 381-7846 immediately to set up a free, no-obligation assessment of your case if you or a loved one has been accused of DUI.