How to Challenge a DWI Blood Test With a Criminal Defense Attorney
Almost 65,000 Texans are arrested for DWI every year. Many of them never see the inside of a courtroom.
Believing their DWI blood test results to be unarguable, too many Texans accept plea deals. While these deals may keep them out of court, they do nothing to alleviate the burden of heavy fines, jail time, and suspended licenses.
Understanding the DWI Blood Test
- Law enforcement officers or health care workers take a sample of your blood
- Some of that blood is transferred to a second container and heated
- The alcohol in the sample evaporates into the free airspace above the blood in the testing container
- A sample of the gases in that free airspace is extracted and then burned
- Testers evaluate the way the sample burns and use the information to determine the amounts of various substances in the sample
- The characteristics of the sample are then processed digitally and printed out in the form of a chromatogram
- Law enforcement uses the chromatogram as evidence of their DWI claims
As you can see, there are numerous points during this complicated process at which:
- Contamination can occur
- Testing mistakes can occur
- Procedural mistakes can occur
- Interpretation comes into play
A skilled DWI attorney understands this and can pick the process apart to cast doubt on DWI blood test accuracy.
How Challenging a DWI Blood Test Works
An experienced attorney can challenge DUI blood test results on several fronts. Depending on your case, they may argue that:
- Blood was drawn incorrectly or by untrained or unauthorized personnel
- No blood drawn at the time of the original sample is available for them to retest at a private lab to verify the results
- They were able to have your blood retested, and the results do not match those of the law enforcement lab
- Your blood sample was mislabeled or mishandled at some point, invalidating it
- The handling of your blood sample did not comply with legally dictated procedures at every step
- Test results are unclear or do not support law enforcement’s claims
If your attorney can make a case for any of these complaints, they can move to have the blood test removed from evidence. In many cases, this eliminates or significantly weakens the prosecution’s case against you. Charges will then likely be dropped or reduced.
Why You Need an Attorney
Challenging a DWI blood test is not easy. It is not something that all attorneys can do successfully, much less an individual with no experience with the process.
To fight blood tests in a DWI case, you need a lawyer who deeply understands:
- How gas chromatography works
- How the procedures and systems around the testing work
- When and how to bring up their findings of possible errors or contamination to get charges dropped or reduced
Choosing a good lawyer is critical whether this is your first time being charged with DWI or the latest in a string of DWI arrests.
Texas DWI Consequences
The penalties for DWI or DWI in Texas are severe. First offenses for offenders over 21 years of age can result in:
- Fines of up to $2,000
- Up to 6 months in jail
- A one-year license suspension
- Licensing fees of up to $1,000 per year for three years
These are only the first-line consequences, however. Arrestees struggling under the weight of these penalties can:
- Lose their jobs and incomes
- Lose their ability to drive and therefore lose ready access to medical care and other vital services
- Experience conflict with friends and family
- Face financial hardship and instability
Second offenses for over-21 offenders can be even more crippling. Younger offenders must contend not only with these penalties but those inflicted by laws on underage drinking.
To make matters worse, Texas’s “zero tolerance” laws can leave drivers indicted for DWI “at fault” for accidents and other incidents regardless of any other circumstances. The resulting snowball effect can bury drivers whose only mistake was misjudging their ability to drive safely under years of financial debt, jail time, personal loss, and other consequences.
When properly viewed in that light, it is impossible to ignore the need to hire the best possible lawyer whenever you face DWI charges.
Finding a the Best DWI Lawyer or DWI Attorney
We take care of everything, including:
- Making sure you understand your rights
- Investigating the situation to find anything that might get you off the hook
- Crafting the best possible legal defense
- Representing you in court or at the negotiating table
- Supporting you until your case is closed out and resolved
Arrestees represented by an attorney do up to 90 percent better in court than those who represent themselves. Don’t risk your freedom, safety, and financial future on long odds.
Schedule a Consultation
If you or someone you love has been charged with DUI or DWI, don’t wait. Schedule a consultation today to learn how our attorneys can help you fight the DUI blood test results and get the positive outcome you deserve.
How to Challenge a DWI Blood Test With a Criminal Defense Attorney | David Hunter Law Firm — Sugar Land, Texas