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There are two types of breath tests that an officer may ask you to take when you are arrested for DWI. The first test is given prior to the arrest when the field sobriety test is administered. This breath test is taken on a Portable Breath Test (PBT). The results of a PBT are not considered reliable by the scientific community, and therefore, are not admissible in court. You are not obligated to take the PBT and refusing will not result in a penalty.


Once an officer has probable cause to believe you are Driving While Intoxicated, the officer will request that you submit to a breath test and/or blood test. The implied consent laws in Texas require you to submit to a blood and/or breath test after you are arrested for DWI. Unless the officer obtains a warrant, you still have the option to refuse both the blood and breath tests despite your implied consent, but there are consequences for refusing.


When you provide a sample of your blood and/or breath, the results will be used against you in court during the prosecution of your DWI charge. Even if your results indicate that you were intoxicated, there are several reasons that the results may be inaccurate. An experienced DWI attorney will be able to identify possible errors in the results or the administration of your blood and/or breath test, and use those possible errors when fighting your DWI charge. If you have been arrested for DWI in Texas, contact the Loker Law Firm today to discuss your case with an experienced Texas DWI lawyer.

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