DWI First Offense – Breath or Blood Test

December 13, 2021

If you have been arrested for a DWI and took a breath or a blood test, you need to secure an experienced DWI attorney as soon as possible. Even with a positive blood or breath test result, you can still beat the charges and get your life back.

What To Expect:

If you were arrested for a DWI and took a breath test, there were 2 possible ways this test was administered. If you took a test on the roadside, this was done with a portable instrument and is not admissible evidence in a DWI trial.

If you were given a breath test at a jail facility, this was most likely done with a certified instrument, which is considered more reliable, and a positive result will lead to a suspension of your license.

Another possibility is that you were arrested for a DWI and the officer asked you for your consent for a blood sample. If you consent, you will be taken to a hospital or jail facility and your blood will be drawn. Typically, in Montgomery County, you will be taken to a hospital. On Friday and Saturday nights or special occasions, there is a nurse working in the jail and a member of the vehicular crimes team will record the blood draw. Your blood sample will be taken and then transported to a lab for analysis. The results could take up to 9 months to process.

Possible Punishment:

The possible punishment for a first time DWI with an alcohol concentration between .08 and .15 is considered a Class B Misdemeanor in Texas. It carries a maximum punishment of 180 days in jail and a $2,000 fine.

If your blood alcohol concentration is .15 or higher, the offense is a Class A Misdemeanor with a maximum punishment of 365 days in jail and a $4,000 fine.

You could also face a $3,000 State Traffic fine and a $6,000 fine for a breath or blood test greater than 15.

How Steve Dennis Can Help:

An experienced attorney is essential when the case goes to trial. The results of the breath test are only as reliable as the instrument used to administer the test. It is possible that the instrument was not properly maintained or there are irregularities in the maintenance log that could cast doubt on the results of your test. There are also very strict rules about how the breath test must be administered. For example, there is a 15 minute waiting period that must be followed. If the defendant vomits or burps during the waiting period, the timer starts over. If these protocols were not followed, the results of the breath test could be suppressed.

Additionally, if you took a blood test, there are many ways to contest the results. The attorney could call into question the original reason for being stopped for a DWI and whether the officer had probable cause. Or there could be an issue with how the blood vial integrity or transportation and refrigeration of the sample.