Law enforcement can gather evidence that you’ve been driving while intoxicated (DWI) several ways, including chemical tests (breath, blood or urine). Under state law, if you are driving on public roads you have consented to testing to determine if you are intoxicated. You can refuse to take these tests, but there will be consequences.
Evidence that can provide probable cause to arrest and/or convict you of DWI include,
- Driving: weaving between or straddling lanes, excessively high or low speed, pulling off to the side of the road and being found intoxicated or asleep.
- Physical: slurred speech, the smell of alcohol, appearing drowsy, open cans or bottles in the vehicle.
- Field Sobriety Tests: walking a line or reciting the alphabet.
- Statements: admitting to drinking.
- Blood Alcohol Evidence: breath, blood or urine tests.
If a police officer pulls a suspected drunk driver over, the officer may next ask him or her to take a breath or blood test. Refusal to comply results in a license suspension.
- Breathalyzers are designed to measure a person’s blood alcohol content (BAC) based on how much alcohol is in a person’s breath.
- A blood test can also be used to determine a driver’s BAC.
- Breath used in a breath test won’t be saved. The blood used for the blood test should be saved and re-tested if DWI charges are filed and defended.
If you have questions about DWI testing or you have been arrested for DWI and want to learn how tests and their results could be challenged in court, contact us today to talk to a DWI defense lawyer.