Blood Tests & DWI
Insight from Our Houston DWI Lawyer
After you have been stopped for suspected DWI, the police have all of the
advantages when it comes to having you submit to a blood test. It's
a troubling fact that, even if you refuse a breath test, the authorities
have the legal capacity to force you to take a blood test. Just because
they get the test results, though, doesn't mean that you don't
have grounds for an effective defense. You still have your civil rights
on your side.
At The Law Offices of Jed Silverman, we don't roll over and give up
on a client’s defense just because the prosecutor says the blood
test resulted in an alleged blood alcohol concentration of .08% or above.
For many years, we have been successfully defending people in Houston,
Harris County and statewide who have been charged with
DWI. We have seen the mistakes police and testing labs make, and we can get
blood test results thrown out of court. Without their only piece of “hard
evidence,” the prosecution often doesn't have a case.
There are many factors a Houston DWI attorney may question in the validity
of a blood test result:
- Did the police have a legally obtained warrant to draw your blood?
- Were you fully advised of your rights prior to drawing blood?
- Was the test equipment calibrated and the lab certified?
- Did you receive a health screening prior to drawing your blood?
- Was the blood drawn in a sanitary environment and properly handled and stored?
Warrants and DWI Blood Tests
Did the police have probable cause to believe that you were legally intoxicated?
This should be the case before he or she obtains a blood warrant for the
purpose of getting a mandatory blood draw.
This is sometimes justified after a serious car accident causing injury
or death, or if there is a child younger than age 15 in the car and the
police have reason to suspect that the driver's blood alcohol level
is over the limit of .08%. In other circumstances, there may be more of
a gray area of doubt as to whether the police were justified in obtaining
a blood warrant after pulling you over on suspicion of DWI.
Changes in Blood Test Laws
Blood test laws changed recently when the U.S. Supreme Court ruled that
it is not unconstitutional for police to get a warrant to draw your blood.
In fact, the police have the right to force you to take a blood test under
No matter the results of your blood were, don't give up. We never do.
Call our Houston offices any time of the day or night to arrange a confidential
consultation. We can start preparing the strongest drunk driving defense
possible. If you work with our firm, we will do everything possible to
have your charges dismissed or reduced to a non-alcohol related moving
Contact a DWI lawyer
now at (713) 597-2221.