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Breath Tests

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Get the Facts You Need Regarding DWI Breath Tests

Get the Facts You Need Regarding DWI Breath Tests

According to Texas law, if you are driving a vehicle you have automatically given consent to submit to a chemical test. This means that if you are pulled over under suspicion of driving while intoxicated (DWI), you must submit to a breath or blood test that measures your blood alcohol content (BAC) level. If you refuse to do so, you will be subject to automatic suspension of your driver’s license. If you are a first-time offender, you will be facing a 180-day driver’s license suspension. Second- and third-time offenders will have their driver’s license suspended for 2 years.

If you are pulled over for a DWI, you should be aware of the following steps in a DWI case:

  • Your breath test will be administered as soon as possible from the moment you are stopped by a law enforcement officer for a DWI. It will be up to the law enforcement officer to decide whether you will take a field sobriety, blood, or breath test.
  • If you have submitted to the officer’s test, you have the right to request a blood test, which can be administered by the medical professional of your choice-as long as it is within two hours of your arrest.
  • After you have been arrested, the officer should give you a notice in writing if you refused to take the test. Your refusal could be used as evidence against you in court.
  • If you do submit to the test and your BAC level is above the legal limit, then your license will be suspended. However, this suspension will only be 90 days long, as opposed to the 180 day suspension you will face if you refuse to take the test at all.

Breath Test Lawyer Fighting Relentlessly for You

At the Law Office of Jesse Hernandez, we recognize how scary it is to be arrested for suspicion of DWI. We take it upon ourselves to fight vigorously on behalf of our clients, and we will stop at nothing to help you defend your DWI case. We are not afraid to contest the methods used by the arresting officer or to challenge the evidence brought forth by the prosecution.

Our founder, Attorney Hernandez, has been rated 10.0 Superb by Avvo, demonstrating his high level of dedication and professionalism in the legal field. With experience as an assistant public defender, Mr. Hernandez has handled hundreds of criminal cases, ranging from minor misdemeanor to serious felony offenses.

Trust our legal team with your DWI. Call our experienced DWI firm today!

Our team recognizes that behind every individual involved in a sticky legal situation there is an average person who is worried about their family and future. These individuals place all their hopes on the skills of their defense lawyer. You can be certain that we will try our hardest to help you reach a favorable resolution. We also acknowledge that a legal crisis can occur at any time, so we extend our services to you 24 hours a day, 7 days a week.

If you have any questions regarding breath tests, or you would like to know more about DWI law in Texas, do not hesitate to contact our team of San Antonio DWI lawyers today!

Our firm proudly offers free, in-person case evaluations!

When you choose our team, you can be confident in

Our ability to provide you with the
following services

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Tough defense
and aggressive representation

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and effective counsel

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payment plans

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Plenty of experience
handling misdemeanor & felony cases

Contact Us Today!

Call today or send a message and arrange a free consultation.

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San Antonio Law Office
of Jesse Hernandez


Hours: Open 24 Hours

3107 Broadway Street, San Antonio, TX 78209

Austin Law Office
of Jesse Hernandez


Hours: Open 24 Hours

2025 Guadalupe Street, Suite 260, Austin, TX 78705