This question comes up a lot, because most DWI cases in Tarrant County are test cases. Sometimes, defendants do not fully understand their right to refuse a breath or blood test. Other times, quite understandably, defendants want to cooperate with law enforcement so they do not make deep legal holes even deeper.
If I Provided a Chemical Sample, Am I Automatically Guilty of DWI?
If I Took the DWI Test and Failed It, Am I Automatically Guilty?
In a nutshell, the answer is "no," but it is very difficult to defend these cases, at least for the most part.
Are breath tests always accurate?
The breath test is among the most common tools police officers use to bolster DUI charges. If you are stopped on suspicion of drunk driving, you will most likely be asked to breathe into a machine that measures your blood alcohol level. A positive reading will serve as evidence of impaired driving and can result in serious consequences if not challenged.