DWI — Breath and Blood Tests

The results from taking a specimen of breath or blood is one of the strongest weapons in the arsenal that the police obtain to use in the prosecution of DWI. If the State can present evidence that an individual is driving a motor vehicle in a public place, and the test resulted in a finding of .08 alcohol concentration or more, the State has met its burden of proof to establish driving while intoxicated. On the other hand, if the test result is less than .08, this does not create a presumption of sobriety. Under such circumstances, the State can still prosecute for DWI.

 

The officer will always ask for your consent to provide a specimen of breath or blood. Regardless, whether you consent or refuse, the stage is set for an Administrative License Revocation.

 

The taking of, and the process utilized to obtain a breath or blood sample is one of the most highly contested issues in defense of a DWI. All of the information relevant to the entire process must be carefully evaluated by a skilled and knowledgeable lawyer, to determine if there are weaknesses in the prosecutions’ use of such information.

Consultation with Scott Markowitz is highly encouraged so that you can make an informed decision on how to handle a DWI charge against you. Call (713) 521-7568 Now!