Wednesday, September 20, 2006
Texas DWI Blood Test Information
The most common test used for DUI / DWI arrests is a breath test, by more than a 10 to 1 margin. Some states (e.g., South Carolina) REQUIRE that a DUI alcohol suspect be offered a breath test, and not a blood test, if he/she is conscious. Other states (e.g., Georgia) permit the officer in the field to choose which kind of test or tests are to be administered, whether the person is conscious or not. Other states don’t use urine at all. So, if you are suspected of DUI / DWI of alcohol in South Carolina, you will be offered only ONE test, and that will be breath. In Georgia, the officer can choose ANY or ALL types of tests – blood, breath and urine.Like most matters relating to DUI / DWI arrests, issues relating to BLOOD TESTS are controlled by state laws. Each state typically has guidelines stating by whom and how these tests are to be taken, transported, preserved, secured, analyzed, etc. REGULATIONS and statutes (laws) governing collecting and testing “biological specimens” (substances taken from a person’s body) will determine the proper methods in your state. Some states (Florida) have excellent guidelines. Others (Mississippi and Georgia) have dismal laws controlling these matters, making legal challenges by accused persons very difficult to mount.
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