Herreth Law
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DUI Archives

The Difference Between Blood Tests and Breath Tests

intox9000.jpegBreathalyzers make up the vast majority of DWI chemical tests in Texas. Since the Supreme Court ruled that blood tests require search warrants, that will probably remain true for quite some time. Occasionally, Texas law enforcement agencies hold "no-refusal weekends." If drivers refuse Breathalyzer tests, officers will obtain search warrants for blood tests. So, you can refuse a chemical test, and that refusal is effective until they strap you onto a gurney and stick a needle in your arm.

Are BAC Chemical Tests Accurate?

The modern Breathalyzer looks like a very sophisticated machine. It is compact, sleek, user-friendly, and fast. When police lab technicians take the stand to talk about fuel cells and electrical impulse conversions, these machines sound even fancier. It's not fair to say that these gadgets are all sizzle and no substance. But, that assessment is not too far from accurate.

Winning a Circumstantial Evidence DWI Case

Most drivers provide chemical samples, usually breath samples, upon request. The conviction rate in these cases is over 80 percent. The rate is close to 100 percent in blood test cases. But in non-test cases, the Tarrant County conviction rate plummets to 45 percent.


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