Portable breath tests conducted at the roadside are not dependable and have not been admissible as evidence in Texan courts. Due to their lack of reliability, an arrest for a DWI could result from an inaccurate measurement of your blood alcohol concentration through one of these devices. Following a DWI arrest, you might be requested to undergo a breath or blood test. The breath test performed in most jails or police stations employs a different type of machine and is arguably more trustworthy, although it still carries its own concerns about precision.

Should you opt to undergo a breath test at the jail or police station, it’s important to realize that the outcomes of this test could be used against you. The same principle applies if you willingly offer a blood sample. In essence, you possess an absolute right to decline both a breath and blood test upon request. However, it’s worth noting that subsequent to a refusal to provide a sample, law enforcement officers might potentially secure a search warrant for obtaining a sample of your blood.

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