Legal Question in DUI Law in Texas

Based on what you have written, there generally is no time window for the state to conduct a blood test. The state runs the risk of the BAC diminishing in the suspects body and the test results being below the required minimum. You should consider consulting with a local law firm to assist you with your case. If my local law firm can assist you with this legal issue or any other legal matter, please contact us at [email protected] to arrange for a consultation.

While there is no time limit, the state can try to extrapolate the test result back to the time of driving. There is case law on what extrapolation factors must be present to pemit them to do this.

You should also know that blood alcohol contact above .08 is not the only definitiion of intoxication. The state can allege that you were intoxicated if you had lost your normal physical or mental faculties (which is why they try to get you to do all those field sobriety tests.) Even without the test, they can still allege that you lost the normal use of your faculties based on other evidence collected by the officer, smell of alcohol on breath, bloodshot eyes, stumbling, slurred speech, etc.

You need to consult an attorney with expererience in this area.