What Is a Blood Test For DWI In Texas?

A blood test is one of the methods used for investigating and prosecuting Driving While Intoxicated cases in Texas. The law requires drivers arrested for DWI in Texas to submit a breath or blood sample for forensic alcohol testing. A refusal can result in lengthy Texas driver’s license suspension and a forcible blood draw by search warrant in some instances. Learn more.

• How long does it take to get DWI blood results in Texas? DWI blood results in Texas can take months. The Toxicology Section of Texas Department of Public Safety’s (DPS) Crime Laboratory conducts much of the state’s blood testing for DWI cases. DWI blood testing is typically delayed by shipment issues and lab backlogs.

• Can you deny a blood test for a DUI in Texas? Yes, Texas motorists can deny DUI blood tests in Texas. A denial can result in a lengthier license suspension and police may still force a blood draw by obtaining a search warrant. However, a DUI blood test refusal may be key to beating a DUI case in Texas. Learn more.

WHAT IS THE ALCOHOL BLOOD TEST IN TEXAS?

Drivers arrested for DWI in Texas are subject to forensic blood alcohol testing to determine if their BAC is over the legal limit of 0.08. Blood testing for DWI in Texas is typically conducted through the scientific theory of Gas Chromatography. This process involves delicate instruments and requires knowledgeable scientific protocol. An effective DWI defense in Texas requires a technical understanding of these processes. Learn more.

• What is the mandatory blood draw statute in Texas? The mandatory blood draw statute is a Texas law requiring the blood draw of DWI suspects in severe felony cases, including those involving serious bodily injury or death. Learn more.

• How long does it take for an alcohol blood test to come back in Texas? It can take several months for an alcohol blood test to come back in Texas. The blood testing process is lengthy because many Texas law enforcement agencies send blood samples for testing at distant crime labs, like Texas DPS Crime Laboratory. Texas toxicology labs are also often backlogged with blood alcohol testing requests.

HOW DO I GET THE RESULTS OF MY DUI BLOOD TEST IN TEXAS?

The results of a Texas DUI blood test are typically provided only to the prosecution who then must share them with a DUI defense attorney in discovery. A DUI defense attorney can show and discuss the results with a DUI defendant but is prohibited from providing a copy under Texas law.

• DUI blood test after 2 hours Texas? A DUI blood test conducted 2 hours after a person ceased drinking is more likely to indicate a person who is actively eliminating alcohol. This means the suspect’s BAC may be decreasing and may be lower than it was an hour or two previously. These facts can be crucial to formulating an effective DWI defense. Learn more.

• DWI blood test results Texas? DWI blood test results in Texas will typically indicate the suspect’s BAC but can also indicate the presence of any controlled substances in the blood sample. A DWI prosecution theory can sometimes posit an individual was intoxicated due to a “synthesis” of alcohol and other drugs. However, this argument is constrained by specific evidentiary rules and remains subject to exclusion by a skilled DWI defense. Learn more.

DWI BLOOD DRAW TEXAS?

Texas law provides that a DWI blood draw can only be conducted by qualified personnel and must be performed in compliance with specific scientific protocol. Additionally, improper blood sample storage or transport can compromise the sample’s integrity and admissibility in court. A skilled DWI defense can leverage these considerations to secure a DWI reduction and dismissal in some instances. Learn more.

• DUI blood test at hospital in Texas? DUI blood tests in hospitals are conducted with different methodology than those performed in law enforcement environments. Hospitals usually test using blood plasma serum instead of whole blood and reports alcohol concentration at a different ratio. Hospital blood test evidence is typically subject to different evidentiary rules than forensic testing.

WHAT BLOOD ALCOHOL CONTENT IS CONSIDERED DUI IN TEXAS?

A BAC of 0.08 or greater is considered a DUI in Texas. Additionally, minors (under age 21) with any detectable amount of alcohol are subject to criminal arrest and prosecution for DUI in Texas. DUI is a serious offense in Texas with vast consequences. Learn more.

• Is it better to refuse a breathalyzer in Texas? A breath test refusal can be key to beating a DWI case in Texas as it denies critical prosecution evidence. A refusal means a person will likely still be arrested for DWI. However, a refusal of all testing, including breathalyzer tests, makes a weak case particularly prone to dismissal through a motion to suppress evidence in Texas. Learn more.

• How hard is it to beat a DWI in Texas? DWI is a serious criminal offense that is prosecuted aggressively in Texas. However, you can’t win if you don’t fight. DWI cases are dismissed, reduced, and resolved without conviction everyday in Texas courts. Learn more.

CAN A BLOOD TEST SHOW HEAVY DRINKING IN TEXAS?

Yes, a Texas blood test will indicate if a person is intoxicated at a high BAC. Blood tests in a hospital environment can also test for elevated BAC. Additionally, certain blood tests can detect enzymes and biomarkers that may indicate a persistent pattern of heavy drinking in Texas. 

• How do you pass a CDT blood test in Texas? The best way to pass a CDT test is to abstain from alcohol for at least a month. A CDT test is an analysis that looks for specific markers of chronic alcohol use such as Carbohydrate-Deficient Transferrin (CDT). However, CDT testing is not done for DWI cases in Texas as they test for drinking patterns as opposed to BAC. Learn more.

• How far back does a PEth test go? A PEth test can detect heavy drinking for up to 2-4 weeks. A PEth test is an analysis that looks for specific biomarkers of chronic alcohol use such as Phosphatidylethanol (PEth).  However, PEth testing is not done for DWI cases in Texas as they’re designed to analyze drinking behavior and not BAC. Learn more.

• What lab tests are done for alcoholism? Alcohol use can be screened by urine samples, saliva swabs, blood alcohol testing, breathalyzer tests, and hair follicle analyses. Additionally, other blood testing, such as CDT and PEth tests, can detect enzymes and biomarkers that indicate long-term alcohol use.

WHAT IS CONSIDERED A FAILED ALCOHOL TEST IN TEXAS?

Blood and breath alcohol tests revealing a BAC of 0.08 or higher are considered failed alcohol tests in Texas and will subject an individual to a DWI charge. It is also illegal for a minor to present with any detectable amount of alcohol. Additionally, any positive alcohol test can result in jail time for a person on DWI probation in Texas. Learn more.

• What can affect a blood test in Texas? Blood alcohol testing is a sensitive process that can be thwarted by improper storage, transportation, and refrigeration of blood samples. The integrity of a blood test can also be affected by improper blood draw techniques and testing protocol. An effective DWI defense in Texas requires a technical understanding of DWI investigation and forensic alcohol testing. Learn more.

• What is the first offense DWI in Texas can result in? A first-offense DWI is a class B misdemeanor in Texas that can be enhanced to a class A misdemeanor if the driver is found with a BAC of 0.15 or higher. A first-time DWI can also be enhanced to a felony if involving a child passenger under 15, or if resulting in serious bodily injury or death. Learn more.

DOES DRINKING WATER LOWER YOUR BLOOD ALCOHOL LEVEL?

No, drinking water will not lower an active blood alcohol level. The human body metabolizes alcohol at a constant rate slowly reducing BAC levels over the passage of time. Consuming water or any other substance will not increase the speed of this process. 

• How can I lower my BAC fast? A person can abstain from further drinking to promote the elimination of alcohol in their body. There is otherwise nothing that will reduce a BAC except the passage of time. While certain stimulants, like caffeine, may cause an individual to feel more alert, they will not affect the person’s BAC.

• Does Caffeine lower a BAC sooner? Contrary to popular belief, caffeine does not reduce a BAC in any form. While a person may experience the increased alertness associated with caffeine, it will not affect the person’s BAC level.

HOW MUCH DOES BAC GO DOWN IN 8 HOURS?

The average person’s BAC will go down 0.12 in 8 hours. However, BAC reduction is different for all people and is affected by several variables including age, weight, and drinking history. Learn more.

• How much does your BAC go down in 2 hours? The average person’s BAC will go down 0.03 in 2 hours. However, this rate can be affected by several factors and is different for every person in Texas. Learn more.

• How many beers is a .08 BAC? The average American male will reach a 0.08 BAC with approximately 4 beers consumed in an hour. The average American female will reach a 0.08 BAC with approximately 3 drinks consumed in an hour. However, these are just average figures as these rates differ for all individuals and can be affected by factors like age, weight, and the amount of any food consumed. Learn more.

• What will your BAC be if you drink 3 beers in 1 hour? The average American male will have a BAC of approximately 0.05 to 0.06 if he drinks 3 beers in 1 hour. The average American female will have a BAC of approximately 0.069 to 0.090 if she drinks 3 beers in 1 hour. However, these rates are affected by a person’s physiology and all people will process alcohol differently. Learn more.

IS A .15 OR HIGHER DWI IN TEXAS?

Yes, a driver who presents with a BAC of 0.15 or higher is subject to a class A misdemeanor DWI charge that is punishable by a maximum $6,000 fine, and a maximum 1 year jail sentence. A DWI 0.15 or higher is a serious offense that carries a host of other consequences, like a Texas driver’s license suspension and an insurance premium increase. Learn more.

• How many drinks is .08 for a man? The average American male will reach a .08 BAC if they consume approximately 4 average drinks in an hour. It is important to note that this is just an average figure and these rates differ for all persons in Texas. Learn more.

• What should you not do before a blood test in Texas? A person should avoid speaking and interacting with law enforcement as much as possible before a blood test in Texas. This is because the entire encounter is subject to video recording and a person’s inability to speak clearly or interact appropriately can be damaging evidence. Learn more.

WHAT IS CONSIDERED A POSITIVE ALCOHOL TEST IN TEXAS?

A driver who tests at a BAC of 0.08 or higher is subject to a criminal DWI charge in Texas. Additionally, any detectable amount of alcohol is considered a positive alcohol test and a violation for Texas DWI probation. This is also the standard for minors in Texas who can be criminally prosecuted if they have any alcohol in their system. Learn more.

• What is a positive alcohol level in Texas? A positive alcohol level for DWI in Texas is any blood or breath test with a BAC level of 0.08 or higher. For minors in Texas, any detectable amount of alcohol is a positive alcohol level. Texas DWI probation prohibits all alcohol consumption so any amount of alcohol is considered a positive level. Learn more.

• What is the most common probation alcohol test in Texas? The 5-panel urine test including alcohol is the most common probation alcohol test in Texas. The 5 panel tests for cocaine, PCP, amphetamines, marijuana, and opiates in addition to alcohol. Any positive probation drug test can lead to arrest and a potentially lengthy jail sentence. Learn more.

HOW LONG DOES ALCOHOL STAY IN YOUR SYSTEM FOR PROBATION TEST IN TEXAS?

A probation urine drug test can usually test for up to approximately 48 hours with some advanced screenings able to detect substances for up to 90 hours. Additionally, a hair follicle test can screen for approximately 90 days. A positive drug or alcohol test can result in a motion to revoke probation and a lengthy jail sentence. Learn more.

• What is the longest test for alcohol in Texas? A hair follicle test can detect alcohol for up to approximately 90 days after consumption. However, a hair follicle test will only indicate the presence of alcohol as opposed to a specific BAC.

• Can I choose blood test instead of breathalyzer? Yes, a DWI suspect can choose a blood test instead of a breath test as Texas law requires they submit either one or the other. However, this can be problematic in smaller jurisdictions with no blood draw capabilities as an officer may classify insistence on blood testing as an ALR refusal. An ALR refusal can result in a lengthier driver’s license suspension.

TREY PORTER NAMED BEST LAWYER IN DWI DEFENSE

Trey Porter is a dynamic advocate, nationally recognized for his work in DWI Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.