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Understanding Breath Tests and Blood Tests
Breath and blood tests are both designed to measure the amount of alcohol in a person’s system, but they do so in different ways. Breath tests involve using a machine to analyze the alcohol content in a person’s breath, which is then used to estimate their BAC. Blood tests, on the other hand, measure the alcohol content in a person’s blood, and many argue that they are more accurate than breath tests. Both types of tests have their strengths and weaknesses, and each comes with its own legal considerations. How Breath Tests Are Conducted
A breath test is typically the first method of testing that is offered when a driver is arrested for suspicion of DWI. This is because breath tests are quick, easy to administer, and the results can often be available within minutes. To conduct a breath test, law enforcement will ask the individual to blow into a breathalyzer device. This device measures the amount of alcohol in the breath, which is then used to estimate the individual’s BAC. In Texas, a BAC of 0.08% or higher is considered legally intoxicated, and if the breathalyzer shows that a person’s BAC is at or above this level, it can serve as strong evidence in the case. However, breath tests are not always foolproof. One of the most common issues with breath tests is the potential for inaccuracies due to the calibration of the breathalyzer machine or improper handling by the officer administering the test. In some cases, faulty machines or improper procedures can lead to false results, which can be challenged in court.The Zendeh Del & Associates, PLLC Team
The Reliability of Blood Tests
Blood tests are often considered more accurate than breath tests because they directly measure the alcohol content in a person’s blood. Blood tests are typically conducted when a breath test is unavailable, when the officer suspects the driver is under the influence of substances other than alcohol, or if the individual has refused to take the breath test. While blood tests are generally more reliable, they also come with their own set of challenges. First, blood tests take longer to process, and the results are not immediately available like breath test results. In addition, blood samples must be collected in a sterile environment by trained professionals to avoid contamination. There is also the potential for errors during the handling, storage, and transportation of blood samples. Any break in the chain of custody—meaning any step in the process where the sample may have been compromised or mishandled—can lead to the evidence being inadmissible in court.The Legal Implications of Breath and Blood Tests in Galveston County Courts
The role that breath and blood test results play in a DWI case in Galveston County can vary depending on the circumstances surrounding the arrest. In Galveston County, like elsewhere in Texas, evidence from both breath and blood tests is treated seriously, but both types of tests can be challenged in court.Client
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