In Texas ,You have the right to refuse any test or search without a warrant ordered by law enforcement. There are two major methods of determining an individual’s blood alcohol content. The first method is to take blood out of the accused’s vein and gets blood alcohol content using headspace gas chromatography. The second method is by way of breath alcohol content measurement using a breath alcohol device.
BlOOD ALCOHOL TEST: Only certain qualified medical personnel (Physician, Registered Nurse, Qualified Technician e.t.c) may take blood specimen at a sanitary place upon request or order of law enforcement. After the blood is drawn, a sample is taken to the lab for forensic analysis .
One of the frequently discussed issues in blood testing is whether the blood test is reasonable and if there are any constitutional protected rights against blood testing. Our courts in Texas discussed this matter in State v. Johnston 336 (S.w.3d 649,661). In this case, the court recognised that “the use of a blood test, versus another means of testing, might be deemed unreasonable in only a minority of cases-when “the few who on grounds of fear, concern for health, or religious scruple might prefer some other means of testing․
BREATH ALCOHOL TEST: Only specific testing devices are used to measure breath alcohol. A breath alcohol test is the analysis of a person’s breath specimen to determine the alcohol concentration. There are several instruments used by the Texas Dept. of Public Safety as certified breath test instruments.
HOW CAN WE HELP: At Ekeh Law Firm, We are familiar with the science behind blood and breath alcohol forensic testing. We challenge the accuracy, precision, limit detection of the machines and the qualifications of the State’s Expert. For more questions about the DWI process, click here. Call us now for your free consultation at 469- 351-9684, Se habla espanol 972- 353- 4529