DWI Testing

Just like every other state in the Nation, Texas has implied consent laws under which an individual is deemed to have consented to taking a chemical analysis when he or she has been suspected of driving while intoxicated (DWI). Motorists in the Lone Star State agree to comply with DWI testing requests simply by being licensed to drive in Texas.

A person may still refuse to submit to DWI testing, but such refusal results in an alleged offender's driving privileges being automatically revoked. Law enforcement obviously prefers that individuals submit to testing requests because drivers who have blood alcohol concentrations (BACs) of 0.08 or greater commit "per se" (Latin for "by itself") DWI offenses, but the results of DWI tests may be called into question if any errors were committed in the administration of such tests.

Attorney for DWI Testing Arrests in Conroe, TX

If you were arrested for drunk driving (also referred to as driving under the influence or DUI) in Montgomery County or Harris County, it is in your best interest to immediately retain legal counsel. Evans & Powell, PLLC can assist you whether you submitted to and failed DWI tests or you refused to submit to testing.

Sean Evans and Frank Powell are experienced criminal defense lawyers in Conroe who defend clients facing drunk driving charges in The Woodlands, Willis, and Woodbranch, Magnolia, Patton Village, Pinehurst, Splendora, Spring, and many surrounding areas of Harris County and Montgomery County.

You can have our attorneys provide a complete evaluation of your case when you call (936) 622-2000 to schedule a free initial consultation.


Overview of DWI Testing in Montgomery County


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Types of DWI Testing in Texas

When a person is stopped by law enforcement and suspected of DWI, the officer will typically ask the alleged offender to step out of his or her vehicle and perform any number of possible tests to determine whether he or she is intoxicated.

The types of tests that are administered by officers can vary, depending on specific aspects of the situation such as whether a person is suspected of being under the influence of alcohol or a controlled substance.

Generally, the most common types of DWI testing issues in drunk or drugged driving cases in Texas typically related to the following:

  • Intoxilyzer 5000
  • DWI Breath Test
  • DWI Blood Test
  • DWI Urine Test
  • Refusal to Submit
  • Field Sobriety Tests
  • Drug Recognition Expert

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DWI Testing Errors in Montgomery County

Even when a person is arrested for drunk or drugged driving after supposedly failing a sobriety test, it should not be assumed that the alleged failure necessarily means he or she will automatically be convicted of DWI.

If police officers do not conduct tests properly, a an experienced attorney may file a motion to suppress the test results and prevent them from being used in a subsequent prosecution.

DWI charges may be reduced or completely dismissed because of such errors or oversights as the following:

  • Improperly Administered Tests — Many testing procedures involve very specific guidelines that must be complied with, and any deviation from the rules can negate the results.
  • Defective Equipment — When mechanical devices are proven to be inaccurate, it can nullify all test results that were obtained using that device.
  • Failure to Calibrate or Clean Device — Certain testing instruments, like breathalyzer devices, must be calibrated on a regular basis. When such maintenance is not performed, the test results may be called into question.
  • Mishandled Samples — Blood or urine samples must be properly sealed and stored, and the test results can be jeopardized if there actual samples were subject to any possible contamination.
  • Lack of Certification — If a breath test device operator or person analyzing blood or urine samples was not licensed as required under Texas law, the court will refuse to admit the results.

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Texas DWI Testing Resources

Texas Transportation Code | Chapter 724. Implied Consent — View the full text of the Texas implied consent law. Read more about consent to taking of specimen, prohibition on taking specimen if person refuses; and people incapable of refusal. You can also learn more about hearings, appeals, and admissibility of evidence.

Driving While Intoxicated (DWI) | Texas Department of Transportation (TxDOT) — On this section of the TxDOT website, you can learn more about how much is too much when drinking alcohol. Learn more about what happens if you are stopped for a suspected DWI. You can also find tips to help you stay safe.


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Evans & Powell, PLLC | Conroe DWI Testing Defense Lawyer

Were you arrested for drunk driving anywhere in Harris County or Montgomery County? Whether you submitted to DWI testing or refused, you will want to contact Evans & Powell, PLLC as soon as possible.

Conroe criminal defense attorneys Sean Evans and Frank Powell represent individuals in communities all over Montgomery County and Harris County, such as Spring, The Woodlands, Willis, Cut and Shoot, Oak Ridge North, Panorama Village, Porter Heights, Shenandoah, and many others.

Call (936) 622-2000 or submit an online contact form to have our lawyers review your case and discuss all of your legal options during a free, confidential consultation.


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