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Austin Criminal Lawyer

Frequently Asked Questions

Q: Why didn’t the arresting officer in my DWI case give me the opportunity to take a blood test rather than a breath test?

A: Under Texas law, the officer gets to choose which test to offer. Most of the time the officer will offer the breath test and will not comply with a request for a blood test. Sometimes, however, the officer will give you the choice of either. Rarely, the officer will request a blood test to the exclusion of a breath test. If the officer offers a certain type of test and you insist on the other type, the officer may count that as an alcohol test refusal resulting in a possible suspension of your driver’s license.


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