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Breath or Blood Specimen

If someone is pulled over for an alleged DWI, they will be asked to submit a breath specimen. 

Most law enforcement authorities use a device called an intoxilyzer to test breath specimens. It is a reasonable calculation, in our opinion, not to trust the results of a piece of equipment that you know absolutely nothing about. Moreover, the operator likely does not know the last time the equipment was serviced, its maintenance schedule, whether it is within the warranty period, the age of the device and so on. The downside is that you may have your driver's license temporarily suspended for failing to provide a specimen. On the other hand, juries tend to understand the reluctance of trusting a piece of state operated machinery.

In recent times, it has been deemed permissible for law enforcement  to demand that an individual arrested for DWI provide a blood specimen, pursuant to a court order - or otherwise, under certain circumstances. If the specimen provided is above the legal limit, there may still be issues concerning the actual operation of the vehicle and whether the individual was intoxicated at the time of operation.

If you have been arrested for DWI, it is important to seek competent legal counsel as soon as possible. In this regard, Attorney DAVID W. PHILLIPS and his staff will carefully review your case and provide you with an assessment of the various risks and options, including a trial by jury.