If you were arrested and charged with a DWI in Texas, a prosecutor would need a sufficient amount of evidence to convict you. If a police officer suspects that you have been driving drunk during a traffic stop, you may be questioned and asked to perform a field sobriety test or roadside breath test.
Blood alcohol concentration testing often goes beyond roadside breath tests. In many cases, breathalyzers produce inaccurate results. To cover their tracks, police may administer blood tests or other chemical tests once you have been booked at the police station.
After a DWI arrest, you are required to take a blood or chemical test under Texas's implied consent law. If you refuse to take one of these tests, you could lose your driver's license for 180 days and up to two years. Even if you take a blood or chemical test and it reveals that you had a BAC of 0.08 percent or greater, you are not out of legal options. An experienced Texas DWI attorney can investigate and potentially dispute the results in court.
Common flaws in DWI blood tests
Blood tests are not fool proof and there are many mistakes during blood drawing procedures that can throw off the results. Here are some examples on how blood tests can produce inaccurate results:
- Blood sample contamination: In some cases, blood samples can be contaminated with germs and other outside substances. This is common when there are no sanitary precautions taken before drawing blood. In other cases, needles that are cleaned with a non-alcoholic solution called Betadine can contaminate the blood if the Betadine doesn't completely dry. The drying process can take about 30 seconds.
- Improper storage of blood sample: Blood samples must be properly refrigerated after blood has been drawn before it can be taken to a laboratory. In addition, a witness must be present to see the proper storage of the blood sample. Failure to do both can significantly affect the integrity of blood samples.
- Lack of proper amount of sodium fluoride: The right amount of sodium fluoride must be present in a blood sample in order to prevent fermentation. If fermentation occurs, the BAC results can be completely thrown off.
Why hire a Texas DWI attorney to dispute my blood test results?
Being arrested and charged with DWI is not an endgame. There are often many issues that can be raised by your attorney in the courtroom after a thorough investigation has been conducted. If there is lack of evidence that a blood test was properly administered, your attorney may be able to fight your DWI charges.
If you are facing DWI charges, the Texas DWI defense attorneys at Amanda Webb - DWI Lawyer would like to review the details surrounding your arrest. We can also devise a strong legal defense strategy that can make a difference between your freedom and the harsh consequences that come with a DWI charge.
Contact us online to schedule your free and confidential case evaluation.