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Breath/Blood Tests 

Buck Johnson is trained and qualified as a practitioner of the same Standardized Field Sobriety Tests used by officers for arrests. He knows the correct manner the tests should be conducted, as well as the studies and "science" behind them. You need this level of expertise on your side.

Q. Can I refuse a breath test?

A. Yes, but the officer may apply for a warrant to take your blood. Further, that refusal may be used againt you in the criminal case and there could be consequenses for your driver's license.

Q: I took a breath/blood test. Was that a bad decision?

A: If you took a breath or blood test, it is more critical than ever to make sure you hire the right lawyer. Buck Johnson knows what it takes to win a case with test results above the legal limit. Don't think if you are above .08, you can't fight the charges!

DWI Testing Facts

• Blood tests are not bullet proof. Blood testing procedures following DWI arrests can be wildly inconsistent. Errors might occur regarding how the blood was drawn and stored and even the testing procedures used at the time of arrest.

• Breath tests should always be challenged. The machine used to test your breath is highly sensitive. Therefore, the circumstances surrounding the test, including the machine maintenance records, should always be investigated.

Q. Can I refuse a chemical test?

A. If you refuse a chemical test following an arrest for DWI, the officer may apply for a search warrant to test your blood. That warrant should be highly scrutinized by your lawyer to determine its validity.

Q. What happens if I fail the chemical test?

1. 90-day suspension of driving privileges if your driving record shows no prior alcohol-related arrests.
2. One-year suspension of your driving privileges if you have a prior conviction or suspension within the preceding 10 years.
3. The prosecutor can admit the results of the test into evidence at your DWI trial.

Q: I didn't take a breath test, but the police had me do some sobriety tests on the side of the road. I thought I passed, but I was arrested. Why?

A: Police officers often administer field sobriety tests while investigating potentially drunk drivers. There are three "standardized" tests that are most commonly used.

1. The HGN or "eye test"
2. The one-leg stand
3. The walk and turn

You may think you passed, but the officer had another opinion. The only opinion that really counts is that of a jury. You need a lawyer who understands these tests and can explain to a jury why the officer's administration of the test is every bit as important as your performance.

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