Tag: breathalyzer test

Supreme Court Rules Breathalyzer Tests Can Be Made Mandatory

Hire The Best Lawyers In Houston If You’ve Been Charged With A DUI Or DWI

Are you worried about what happens if you are stopped by the police while driving while under the influence? The best lawyers in Houston provide answers to some of the most common questions asked about DUIs in Texas and in Houston, in particular.

Breathalyzer or Blood Test?

According to a U.S. Supreme Court decision, any law enforcement officer may require a driver suspected of driving while intoxicated to submit to a breathalyzer after they are arrested. sportfogadás bónusz befizetés nélkül If the officer wants a blood test, they must have a warrant. The Supreme Court determined that warrantless breathalyzer tests were admissible which means if you are pulled over and suspected of DUI, you can be required to take a breathalyzer. You may refuse, but if you do, expect to be taken to jail.

Police cannot ask you to submit to a blood test without first getting a warrant. This is the result of a 5-3 Supreme Court decision in Birchfield vs. North Dakota. This was a consolidated case heard by the court involving defendant’s rights. The cases involved defendants being threatened with prosecution because they refused to take a breathalyzer test or submit to a blood test without a warrant. The Court determined that there is a difference between a breathalyzer test and a blood test and that a warrant is required for a blood test.

Rationale For The Decision

The Supreme Court ruled that a blood test is an invasive procedure and a breathalyzer test is not. The Court considered the value of each of these tests and their use to law enforcement and determined that under the Fourth Amendment to the Constitution, a warrant is necessary before law enforcement can administer a blood test. The breathalyzer test, on the other hand, may be required without a warrant. arbitrázs sportfogadás

Justice Alito wrote for the majority. In his opinion essay, he explained that the court recognized that blood tests were much more intrusive than breath tests. He went on to say that in most cases, a breathalyzer test amply serves the interest of law enforcement. The justices, therefore, concluded that in most cases, a breathalyzer test would suffice and there was no need for a warrant. Should law enforcement feel they need a blood test to determine the level of alcohol in the blood, they must have enough probable cause to convince a judge to sign a warrant for the blood test.

Your Rights During A Traffic Stop

Butler Law Firm | Houston DWI AttorneyIf you are pulled over for a DWI or a DUI in Houston, you do have the right to refuse a breathalyzer. The law enforcement officer has the right to require you to take the breathalyzer and if you refuse, you will be subject to some pretty significant penalties. Under Texas law, you could have you could your license for a minimum of 180 days up to two years. sportfogadás újság megjelenése Without a warrant, however, no law enforcement officer can make you take a blood test. Even if you refuse, if there is no warrant, under both federal and Texas law, you are not subject to other penalties.

If law enforcement requires you to take a breathalyzer test and you do refuse a breathalyzer test or if you fail a test, Texas law allows you to request a hearing. The best lawyers in Houston will be happy to represent you during this hearing. Our lawyers are experienced in defending individuals against DUI and DWI offenses and can help protect your rights. Always remember, even if you are arrested for driving while intoxicated, you still have certain rights.

We Can Help

The best lawyers in Houston for defending against DUI or DWI charges are ready to help you. They are skilled and experienced in this area of the law and will be right by your side throughout the entire legal process. Call Butler Law Firm today to learn your options and protect your rights.

What You Can Expect From Rejecting a DUI Breathalyzer Test

The Consequences of Refusing a DUI Breathalyzer Test

If you have only had a small amount of alcohol, or if you did not even drink and feel as if you are being treated unfairly by the officer, it may be tempting to refuse to submit to a DUI test. That being said, it is crucial that you understand the possible consequences, and advantages, of refusing to submit to a blood-alcohol test. It is best to consult an experienced DUI attorney, to ask specific questions on the subject of the law in your state, and how the state treats a refusal to submit to a DUI test.

Implied Consent Laws and DUI

Generally speaking, everyone has the right to remain silent, and no one can actually be forced to give testimony against themselves. However, DUI law is a bit different due to implied consent laws. نيتلر Implied consent laws are rules in certain states which require that you submit to certain sobriety or breath tests, or be subject to additional penalties. The theory is that as you make the choice to drive on a public roadway, you have already consented to the driving while intoxicated rules. Whether you are told by the officer or not, it is your right to refuse to submit to any kind of sobriety test, and this includes breathalyzers. Your refusal can, however, have various additional consequences. Depending on the DUI laws in your state, the extent of said consequences will vary, however, most will involve additional penalties.

Remaining Silent During a DUI Arrest

You should, under general constitutional theories have the right to remain silent, invoking this right should not be used against you. The exception to their constitutional theory is DUI law. Most states allow for prosecutors and juries to make inferences about the decision taken to refuse any sobriety tests. It is expressly provided by several state statutes that refusal to take a breath test can be used at trial against a defendant. It is actually one of the few times in which a prosecutor is allowed to comment on the right of the defendant to remain silent.

Choosing to Take a Sobriety Test or Breath Test

It is difficult to make the decision of taking a sobriety test or breath test. Most states do not allow for everything to be put on hold until you call and consult your attorney. Generally, when you inform an officer that until you have talked with your attorney, you will not take a sobriety test, this invocation of your right to counsel is considered a refusal of their breath or sobriety test. You are the one who has to make the decision of whether or not to submit to the breath test on your own. If you are stumbling because you are drunk, submitting to any kind of sobriety test will simply garner further evidence against you because you’re probably going to get arrested anyway. In this situation, unless you are required by law, you may want to refuse all breath or sobriety tests. On the other hand, if you do not think, or are certain that you are not intoxicated, you may want to consider submitting to the sobriety or breath test.

Taking Field Sobriety Tests

Most sobriety tests will be in the form of FSTs (field sobriety tests). FSTs require that you stand as well as walk in front of a camera. This is to demonstrate whether you are able to control your body. سباق السيارات If you perform well during these terms they are evidenced that can be persuasive to a jury to prove you were not intoxicated, even if you have had some drinks. A performance on FSTs that is good, can result in a reduction of charges via a plea bargain, and can potentially get a not guilty verdict at trial, even if the result of the breath or blood test are against you.

If you make the decision to not take the sobriety test or breath test, bare in mind that many states have started adopting mandatory blood draws. What this means is that despite the fact that you did not consent to provide a blood sample for testing, an officer is able to transport you to a local hospital where they will draw a sample of blood. Usually, mandatory blood draws are for cases when there is an accident involving a repeat offender.

Getting Help

Field sobriety tests, sobriety tests, and breath tests go against most people’s major constitutional grain.   Unfortunately, just about every court has upheld these as being legal. The one chance you have at avoiding a sobriety is test is knowing when you can avoid them, or avoid any situation that will cause you to drink and drive to begin with. انخيل هيرنانديز If you are curious as to what other penalties you might be facing when refusing a breathalyzer in Texas, calling our Houston drunk driving attorney at (713) 236-8744. Jim will help you to learn more about the specific DUI penalties in the state of Texas.