Best Criminal Defense Lawyers in Edinburg, TX

In Texas, we have what is known as the implied consent law. This means that when you got your license, you agreed that you would give a breath or blood test if you are pulled over for possible DWI. However, not all roadside breath tests are accurate. In fact, most have been shown to be far less than accurate with some studies showing that the margin of error is 50% between the roadside breath test and a blood test (shown most notably in the study by LaBianca, Simpson, Thompson et.al).

Also called an administrative license revocation (ALR), this happens when a driver refuses to take or fails a blood or breath test. Failing the blood or breath test means the blood alcohol content (BAC) is at 0.08% or more for noncommercial vehicle drivers. Commercial drivers can have their license revoked or suspended if their BAC is 0.04% or higher.

If you are pulled over, an officer may want to administer a field sobriety test. This test is a series of checks and a set of exercises you must complete. The issues with this test are that it is subjective. Additionally, not all officers are properly trained. The test typically involves three parts.